Court No. - 10
Case :- WRIT - C No. - 1613 of 2019 Petitioner :- Shyamakant Yadav Respondent :- State Of U P And Another Counsel for Petitioner :- Shivkumari Chauhan,M.S. Chauhan Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri M.S. Chauhan, learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the respondents.
Petitioner is assailing the order impugned dated 26.9.2018 passed by the second respondent, Sub Divisional Officer, Tehsil Bansdeeh, District Ballia, whereby the fair price shop of the petitioner has been placed under suspension.
The precise case has been set up that the entire action so taken by the authorities is in teeth of the Government Order dated 29.7.2004 and the Full Bench of this Court in Puran Singh Vs. State of U.P. and others reported in 2010 (2) UPLBEC 947. In support of his submission, learned counsel for the petitioner has further apprised to the Court that the action of the respondents is also contrary to law settled by this Court in Jagdish Narayan Mishra Vs. State of U.P. and others (Civil Misc. Writ Petition No. 2851 of 2008), Smt. Raj Kumar Singh Vs. State of U.P. and others (Civil Misc. Writ Petition No. 1766 of 2011), Brij Sewak Gupta Vs. State of U.P. and 3 others (Civil Misc. Writ Petition No. 10672 of 2017). It is also apprised to the Court that against the order impugned the petitioner has also filed detailed reply on 30.10.2018 and the same may be directed to be considered before finalising the matter.
The present matter was taken up on 18.1.2019 and on the said date the Court had asked learned Standing Counsel to seek instructions in the matter. Thereafter, the matter was listed on 29.1.2019, 12.2.2019 and 20.2.2018. Today, when the matter is taken up, Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel states that the instructions are still awaited.
In the facts and circumstances this Court is of the considered opinion that once in response of the impugned order dated 26.9.2018, detailed objection has already been filed by the petitioner on 30.10.2018 then in such situation there is no reason or occasion to keep the writ petition pending.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of with direction to the second respondent to finalise the proceeding in question after considering the reply so submitted by the petitioner, in accordance with law and in the light of the Government Orders dated 29.7.2004, 16.10.2014 and Full Bench decision of this Court in Puran Singh (supra) expeditiously and preferably within six weeks from the date of production of certified copy of this order.
Order Date :- 22.2.2019 RKP