Court No. - 19
Case :- WRIT - C No. - 23646 of 2021 Petitioner :- Smt. Shiv Kumari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Gupta Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
Petitioner is seeking following relief :-
"i) Set aside the impugned order dated 20.8.2020 passed by Respondent no.3 (Annexure no.4 to this writ petition).
ii) Issue a writ order or direction directing the respondent authorities not to interfere with the peaceful running of the fair price shop of the petitioner during the pendency of the appeal before the respondent no.2.
iii) Issue a writ, order or direction directing to the respondent no.2 to expeditiously decided the stay application and also the appeal no.74 of 2020 (Shivkumari vs. State of U.P.) within stipulated time which this Hon'ble Court may be pleased to fix."
Learned counsel for petitioner, on instructions, submits that he does not want to press the prayers (i) and (ii), referred above, in this writ petition.
In view of the above, prayers (i) and (ii) are rejected.
So far as prayer no.(iii) is concerned, learned counsel for petitioner submits that aforesaid appeal is still pending before respondent no.2 - Deputy Commissioner (Food and Supply), Shahjahanpur and the same has not been decided so far.
Learned Standing Counsel fairly states that in case the abovementioned appeal is pending and has not been decided till date, the same would be considered and decided expeditiously.
In view of the above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to Competent Authority to decide petitioner's aforesaid appeal and pass appropriate reasoned order after affording opportunity of hearing to all concerned parties, expeditiously, preferably, within a period of six months from today, provided there is no legal impediment.
Order Date :- 21.9.2021 Rishabh [Saurabh Shyam Shamshery, J.]