Heard learned counsel for the petitioner. Notice on behalf of opposite party nos. 1 to 3 has been accepted by the office of the learned Chief Standing Counsel.
By means of the instant petition, the petitioner seeks to assail part of the order dated 24.02.2021 passed by the Joint Commissioner (Food), Lucknow Division, Lucknow in Appeal No. C-027/2021 (Satish Kumar Vs. State of U.P.) U/s 13 (3) of Essential Commodities (Regulation of Sell and Distribution of Control) Order, 2016. In so far as it relates to non-grant of interim order in favour of the petitioner.
The submission of learned counsel for the petitioner is that he is a license holder of a fair price shop and without getting a proper inquiry done, the license of the petitioner was cancelled and being aggrieved against the same, the petitioner has preferred the aforesaid appeal which is pending before the opposite party no. 2.
It has further been submitted that an application for interim relief was moved along with the memo of appeal seeking stay of cancellation order. It has further been submitted by the learned counsel for the petitioner that it is now well settled that if an order is assailed in Appeal and the impugned order has evil/civil consequences, then as per judicial proprietary, it is appropriate that while admitting the appeal, the operation of the impugned order must be stayed.
In support of his submission, the learned counsel for the petitioner has relied upon a decision of this Court in the case of Mool Chandra Yadav Vs. Raja Buland Sugar Co. Limited Rampur and others reported in 1982 (3) SCC 484.
The learned counsel for the petitioner has also drawn the attention of the Court to an order passed by a coordinate Bench of this Court in W.P. No. 20007 of 2020 (MS) of 2020 (Ram Lakhan Vs. State of U.P. and Others), a copy of which has been brought on record as Annexure No. 5 and it has been prayed that the petitioner being similarly situated is entitled to the protection.
The learned Standing Counsel while opposing the aforesaid petition could not dispute the aforesaid legal proposition.
Considering the facts and circumstances and the fact that since the aforesaid appeal of the petitioner is already pending before the opposite party no. 2, no gainful purpose would be serve in keeping the aforesaid appeal pending, accordingly, with the consent of the learned counsel for the parties, this petition is disposed of with the direction to the opposite party no. 2 to consider, hear and finally decide the pending appeal of the petitioner most expeditiously without granting unnecessary adjournments to either of the parties preferably within a period of 4 months from the date a certified copy of this order / a copy downloaded from the official website of the Allahabad High Court is produced before the authority concerned. Till four months or till disposal of this appeal whichever is earlier, the operation of the order dated 25.01.2021 shall remain stayed.
With the aforesaid, the petition stands disposed of.
Order Date :- 27.4.2021 Arun/-