1- Heard learned Counsel for the petitioner and Sri Ram Pratap Singh Chauhan, learned Additional Chief Standing Counsel for the State-respondents.
2- The present writ petition has been filed for seeking a direction to the opposite party no. 2 to decide the pending stay application alongwith Appeal No. 055 of 2019, under Clause 13(3) of U.P. Essential Commodities (Regulation of Sale and Distribution Control), Order 2016.
3- Learned Counsel for the petitioner submits that petitioner was the licensee of Fair Price Shop, situated at Gram Panchayat Pokhnapur, Vikas Khand and Tehsil Mohammadi, District Kheri on political pressure and false complaint, Up Ziladhikari Mohammadi District Kheri has cancelled the license of the petitioner by its order dated 27.02.2019. Aggrieved by the said order dated 27.2.2019, the petitioner has filed an appeal under Section 13(3) of U.P. Essential Commodities (Regulation of Sale and Distribution Control), Order 2016, alongwith stay application, but till date no decision has been taken by the respondent.
4- Considering the entire facts of the case, this Court has passed the order dated 27.08.2019, which reads as under:-
"Notices on behalf opposite parties has been accepted by learned Chief Standing Counsel.
Heard learned counsel for the petitioner as well as learned Standing Counsel.
The sole grievance of the petitioner is that in the appeal filed under Section 13 (3) of Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 before the appellate authority i.e. Joint Commissioner (Food) Lucknow Division, Lucknow the interim relief application is not being considered and decided on the ground that the government advocate appearing on behalf of the state authorities is not available.
Learned counsel for the petitioner submits that not only in the present case, but in several other similar appeals interim relief applications are pending on the same ground and are not being considered by the authorities concerned.
Learned Standing Counsel is directed to seek instructions from the opposite parties no.1 and 2 as to why there is delay in considering and deciding the interim relief application in the pending appeals and why a direction be not issued to the authorities concerned to decide the interim relief application in a time bound manner.
Put up on Friday i.e. 30.8.2019, as fresh."
5- In compliance of the order dated 27.08.2019, the learned State Counsel has received instruction dated 28.08.2019. The relevant portion of the instruction is reproduced below:-
"d`i;k mijksDr fo"k;d ekuuh; mPp U;k;ky; }kjk ikfjr vkns'k fnukad [email protected]@2019 dk lUnHkZ xzg.k djus dk d"V djsa] ftlds }kjk bUlVªDlUl izkIr djus dk vkns'k ikfjr fd;k x;k gSA voxr djkuk gS fd U;k;ky; la;qDr vk;qDr ¼[kk+|½] y[kuÅ e.My] y[kuÅ esa orZeku esa lHkh Qzs'k dsl ¼[email protected]@izdh.kZ izkFkZuk i=½ dh xzkg~rk Lrj dh lquokbZ dh tk jgh gS lkFk gh lkFk muds lkFk layXu vUrfje vuqrks"[email protected] izkFkZuk i=ksa dk Hkh fuLrkj.k fd;k tk jgk gSA cgl gsrq yafcr oknksa dks 'kkldh; vf/koDrk dk in fjDr gksus ds dkj.k lquokbZ ugha dh tk jgh gSA U;k;ky; la;qDr vk;qDr ¼[kk+|½] y[kuÅ e.My] y[kuÅ esa yafcr oknksa dh lquokbZ lIrkg ds nks fnu ¼eaxyokj ,oa c`gLifrokj½ gksrh gSA U;k;ky; la;qDr vk;qDr ¼[kk+|½] y[kuÅ e.My] y[kuÅ }kjk fnukad [email protected]@2019 ls vc rd dqy 49 vUrfje vuqrks"[email protected] izkFkZuk i=ksa dk fuLrkj.k fd;k tk pqdk gSA"
6- Considering the entire facts of the case as well as the instructions dated 28.08.2019, the writ petition is disposed of with direction to the respondent no. 2 to decide the pending application for interim relief/stay application of the petitioner in Appeal No. 055 of 2019, expeditiously say within a period of three months from the date of production of a certified copy of this order. Needless to say that allotment of Fair Price Shop,if any, shall be subject to the final outcome of stay application in Appeal No. 055 of 2019, as per law laid down in the Full Bench of this Court in the Case of Urmila Devi Versus State reported in 2015 (2)ADJ 368.
Order Date :- 30.08.2019 Jyoti/-