Court No. - 10
Case :- WRIT - C No. - 42470 of 2018 Petitioner :- Sabar Nath Respondent :- State Of U P And Another Counsel for Petitioner :- Akhileshwar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Indra Kumar, learned counsel for the petitioner and Shri B.B. Pandey, learned Additional Chief Standing Counsel for the State respondents.
The present writ petition has been preferred with the prayer to command the second respondent to conclude the proceeding in pursuance of show cause notice dated 21.08.2018 with respect of Fair Price Shop no.340.
On the basis of averment contained in the writ petition, learned counsel for the petitioner submits that adequate response has already been filed and as such, request has been made to finalize the proceeding at the earliest. He has apprised to the Court that in the present matter an FIR dated 09.07.2018 registered as Case Crime no.431 of 2018 under Section 3/7 Essential Commodities Act, 1955, P.S. Sigra, District Varanasi has been lodged and against the same, petitioner has preferred Criminal Misc. Writ Petition no.22267/2018 (Sabar Nath vs. State of U.P. and others), which was finally disposed of by the Division Bench of this Court on 14.08.2018 and interim protection has been accorded to the petitioner to the effect that till submission of police report under Section 173(2) Cr.P.C. petitioner shall not be arrested in the abovementioned case.
Learned Additional Chief Standing Counsel very fairly submits that in case the aforesaid proceeding is still pending, the same shall be concluded at the earliest.
Consequently, without entering into the merits of the case, on consent, the writ petition is disposed of asking the District Supply Officer, Varanasi to finalize the said proceeding expeditiously preferably within a period of three weeks from the date of production of certified copy of this order, strictly in accordance with the procedure prescribed in Government Order dated 29.07.2004 as well as in the light of dictum of Full Bench of this Court in Puran Singh vs. State of
U.P. and others 2010 (3) ADJ 659 (FB)
Order Date :- 19.12.2018 A. Pandey