Court No. - 10
Case :- WRIT - C No. - 38897 of 2018 Petitioner :- Shanti Devi Respondent :- The State Of U.P. And 04 Others Counsel for Petitioner :- Syed Faiz Hasnain,Saba Khan Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Syed Faiz Hasnain, learned counsel for the petitioner; Shri P.K. Chauhan, learned Standing Counsel for the State respondents and Shri Diwakar Singh, learned counsel appearing for the Gaon Sabha.
The petitioner is challenging the validity of the order impugned dated 14.9.2018 passed by the District Supply Officer, Kaushambi, whereby fair price shop licence of the petitioner has been cancelled and the fair price shop in question has been attached to nearby fair price shop of the same village. The request has also been made for issuing direction to the second respondent, Commissioner, Prayagraj Division, Prayagraj to decide the Appeal No.C-201802000001924 of 2018 (Shanti Devi vs. State of UP and another) within stipulated time.
Learned counsel for the petitioner submits that the proceeding has been initiated for cancellation of the fair price shop in question and simultaneously the first information report has also been lodged under Section 3/7 of Essential Commodities Act against the petitioner. On the basis of averments contained in the writ petition, he submits that in the criminal proceeding, the final report has been submitted by the police on 18.9.2018. The entire allegation for cancellation of the fair price shop licence of the petitioner is unfounded and the same cannot sustain in the eyes of law.
In the facts and circumstances, this Court is of the considered opinion that both the proceedings are different and the same can go simultaneously. Once the aforesaid appeal is pending consideration, then the petitioner can take all the grounds, which have been taken in the present writ petition, at the time of hearing of the appeal in question and this Court hopes and trusts that the appellate authority would proceed in the matter and finalize the same strictly in accordance with law within a period of two months from the date of receipt of the certified copy of this order.
Meanwhile, if any fresh settlement of the fair price shop in question is made, the same would be subject to the result of the appeal in question.
With the aforesaid observation/direction, the writ petition stands disposed of.
Order Date :- 28.11.2018 RKP