Court No. - 46
Case :- WRIT - C No. - 19394 of 2019
Petitioner :- Shahanshah
Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shri Prakash Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Order Civil Misc. Amendment Application No. 01 of 2019.
By means of the present amendment application, petitioners have prayed for correction in the prayer clause of the writ petition.
The amendment sought is formal in nature therefore, the amendment application is allowed.
Learned counsel for the petitioners is permitted to carryout the necessary amendments in the prayer clause of the writ petition during the course of the day.
Order On Writ Petition.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner claims to be fair price shop agent of Village Oura, Vikas Khand Ramnagar, Tehsil Madiyahun, District Jaunpur. The licence of the petitioner was cancelled by respondent no.2 by order dated 06.02.2019 against which petitioner has preferred statutory appeal No. 110 of 2019 under Section 13(3) of Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 before respondent no.3 on 13.02.2019 which is pending.
However, during the course of argument, learned counsel for the petitioner states that the appeal of the petitioner may be decided within time bound period.
Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending.
Be that as it may, Section 13(3) of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 provides that appellate authority shall endevour to dispose of the appeal within a period of sixty days from the date of its filing. However, sixty days period has passed but appeal has not been decided yet.
Considering the facts and circumstances of the case and with the consent of the parties, without adverting into merits of the case, the writ petition is disposed off with a direction to the respondent no.3 to decide the appeal No. 110 of 2019 under Section 13(3) of Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 of the petitioner expeditiously, preferably within a period of six months from the date of production of certified copy of this order.
It is also provided that in case any stay application is filed by petitioner, the appellate authority shall endevour to decide the same expeditiously, preferably within a period of three weeks from the date of filing the stay application.
Order Date :- 31.5.2019 Sattyarth