Supplementary affidavit filed today in court is taken on record.
Heard Mr. Satish Kumar Sharma, learned counsel for the petitioner as well as learned Standing Counsel.
The instant writ petition has been filed challenging the order dated 9.7.2019, passed by Joint/Deputy Commissioner (Food), Lucknow Division, Lucknow in Appeal No.C-201910000000818; Shiv Prakash Vs. District Supply Officer, Lucknow filed under Section 13 (3) of Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, as contained in Annexure-1 to the writ petition.
As per the facts of the case in brief the petitioner was licensee of fair price shop in Mohalla L.D.A. Colony, Kanpur Road, Lucknow. He was running the shop from last several years. His license of fair price shop was suspended vide order dated 31.8.2018 and thereafter it was cancelled vide order dated 30.3.2019. The petitioner feeling aggrieved has preferred an appeal under Clause 13 (3) of Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, which is pending consideration before opposite party no.2/Deputy Commissioner (Food), Lucknow Division, Lucknow.
Grievance of the petitioner appears to be that the interim relief application preferred in the said appeal has been rejected without proper application of mind.
Learned Standing Counsel appearing for the opposite parties has defended the impugned order. It is submitted that the perusal of impugned order clearly indicates that reasons have been assigned while rejecting the interim relief application, as such, no interference is required, at this stage.
Be that as it may, this Court is of the view that in case any such appeal preferred by the petitioner is pending consideration, the same is required to be decided in accordance with law expeditiously.
In this view of the matter, with the consent of parties' counsel, writ petition is finally disposed of with observation that the opposite party no.2/Deputy Commissioner (Food), Lucknow Division, Lucknow before whom the appeal is said to be pending shall consider and decide the said appeal expeditiously in accordance with law after hearing the parties, keeping in mind the time period provided under Clause 13 (3) of Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, without granting unnecessary adjournments.
It is needless to observe that in the meantime in case opposite parties feel appropriate they may proceed to make proper arrangement for distribution of essential commodities to the card holders of the shop in question by way of a fresh allotment or temporary arrangement, however, that shall be subject to decision in the appeal.
Order Date :- 29.8.2019 Ram.