Sri Dharmendra Kumar, learned counsel for the appellant and Sri Divesh Mishra, learned Standing Counsel for the respondents no.1 to 3 as well as Sri Azad Khan, learned counsel for the respondent no.4 are present.
The petitioner, Smt. Sunita Devi has filed the present writ petition with the following prayer:-
"(i) to direct the opposite party no.1 to decide the impleadment application dated 21.12.2017 moved by the petitioner in Appeal No. 22/ Sultanpur U/s 13(1) of Uttar Pradesh Commodities Distribution Order, 2016 pending before Commissioner, Faizabad Division, Faizabad.
(ii) Issue any other writ order or direction which this Hon'ble Court may deem just and proper in the interest of justice.
(iii) Allow the cost of the petition"
Learned counsel for the petitioner submits that a fair price shop was allotted to respondent no.5, Sri Satya Prakash and the same was cancelled and the fair price shop was allotted to the petitioner on 30.04.2011; respondent no.5, Sri Satya Prakash filed an appeal against the order of cancellation of license dated 11.03.2011 which was dismissed on 29.03.2012; Sri Satya Prakash challenged the said order of dismissal by filing a writ petition, bearing Writ Petition No.2604 (M/S) of 2012. The said petition was disposed of by this Court vide order dated 15.12.2016 and the matter was remanded back to the appellate authority i.e. Sub-Divisional Magistrate to decide the matter afresh; pursuant to the order passed by this Court, the allotment order of the petitioner was cancelled. Thereafter, Sub-Divisional Magistrate vide order dated 07.03.2017, restored the license of respondent no.5, Sri Satya Prakash; against the said order , respondent No.2, State of U. P. filed an appeal, bearing appeal no. 22, and in the said appeal, the petitioner, Smt. Sunita Devi, moved an application for impleadment on 21.12.2017, the said application is still pending.
Learned counsel for the petitioner submits that respondent no.1 be directed to decide the impleadment application dated 21.12.2017.
Learned counsel for the respondents submit that they have no objection, if the respondent no.1 is directed to decide the impleadment application, expeditiously.
In view of the facts and circumstances of the case, the respondent no.1 is directed to decide the application for impleadment dated 21.12.2017 moved by the petitioner, in accordance with law, expeditiously and preferably within a period of one month from the date of producing certified copy of this order.
Accordingly, the writ petition stands disposed of.
(Ved Prakash Vaish, J.) Order Date :- 26.9.2019 Darpan Sharma