Court No. - 46
Case :- WRIT - C No. - 19384 of 2019 Petitioner :- Sanjay Kumar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Satyendra Narayan Singh,Anup Kumar Khare Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
The petitioner is fair price shop agent of village Mohalla Lal Nagari Purvi Moradabad, Tehsil and District Moradabad.
The license of the petitioner was suspended on 31.08.2018. The petitioner submitted reply to the charges levelled in the suspension order against him. The respondent no.3 did not decide the objection of the petitioner. The petitioner preferred Writ Petition No.38670 of 2018 which was disposed off by this Court vide order dated 27.11.2018 directing the District Supply Officer, Moradabad to decide the objection of the petitioner.
Pursuant to the order of this Court, the District Supply Officer, Moradabad passed an order dated 31.01.2019 cancelling the license of the petitioner. The said order was again impugned by the petitioner in Writ Petition No.5261 of 2019 which was allowed by this Court vide order dated 14.02.2019 and the order of cancellation dated 31.08.2018 was set aside with a further direction to the District Supply Officer to decide the objection of the petitioner afresh on merits. The petitioner thereafter submitted certified copy of the order before the competent authority i.e. District Supply Officer who again passed an order dated 07.03.2019 maintaining his earlier order.
Against the order dated 07.03.2019, the petitioner preferred statutory appeal No. 00633 of 2019 (Computerized Case No.C201913000000633). In the said appeal, the petitioner has filed stay application which was rejected by the appellate authority by order dated 09.05.2019.
The order dated 09.05.2019 refusing to grant stay order is impugned in the present writ petition.
It appears that the petitioner has submitted an application dated 12.04.2019 praying therein that the competent authority be directed to recover the amount from the petitioner and after recovery of amount, the license of the petitioner be restored.
Learned Standing Counsel has submitted that the appellate authority has dismissed the stay application of the petitioner after considering in detail the material on record and, therefore, the second application dated 12.04.2019 is not maintainable.
In the facts of the present case, since the appellate authority has decided the stay application of the petitioner in detail, therefore, in the opinion of the Court, application dated 12.04.2019, the direction sought by the petitioner in prayer no.2 for early disposal of said application cannot be granted.
However, considering the facts and circumstances of the case as under Section 13(1) of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, the appellate authority supposed to decide the appeal within a period of 60 days, the writ petition is disposed off with the direction to the respondent no.2 to decide the appeal No. 00633 of 2019 (Computerized Case No.C201913000000633) (Sanjay Kumar Vs. State of U.P. & others), within a period of three months from the date of production of certified copy of this order.
Order Date :- 31.5.2019 S.Sharma