Court No. - 10
Case :- WRIT - C No. - 41727 of 2019 Petitioner :- Som Pal Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Santosh Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Vivek Varma,J.
Heard learned counsel for the petitioner, learned Standing Counsel and perused the record.
By means of this writ petition, petitioner has prayed for a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to pass appropriate order in pursuance of the order dated 27.5.2019 passed by Deputy Commissioner (Food), Bareilly Division, Bareilly in Appeal No. 73 of 2019 (Sompal Vs State).
It is contended by learned counsel for the petitioner that fair price shop licence of the petitioner was cancelled on 6.2.2019, against which petitioner preferred Appeal before the Deputy Commissioner (food), Bareilly Division, Bareilly, who vide order dated 27.5.2019 allowed the appeal and set aside the order dated 6.2.2019 passed by respondent no. 2 and directed the appellant/petitioner to appear before the respondent no. 2 along with all the documents within 15 days and thereafter the respondent no. 2 shall decide the matter afresh after proper verification of the documents relied upon by the licensee within a period of one month thereafter by a reasoned and speaking order in accordance with law.
It is contended by learned counsel for the petitioner that till date inquiry proceedings have not been completed by the respondent no. 2 and the petitioner is running from pillar to post for supply of essential commodities and in this regard he had already submitted a representation to respondent no. 2 and therefore, has confined its prayer for early disposal of the inquiry proceedings pending pursuant to the order of the appellate authority aforesaid.
Learned Standing Counsel states that in case any representation as alleged by the petitioner is still pending, same shall be considered and decided by the competent authority in accordance with law.
Having regard to the facts and circumstances of the case, but without prejudice to the merits of the case, the instant writ petition is finally disposed off with the direction that in case the petitioner approaches respondent no. 2 i.e. Sub Divisional Magistrate, Sadar, District Bareilly, ventilating all his grievance raised in the instant writ petition along with fresh representation within a period of 15 days from today as also the certified copy of this order, same shall be considered and decided by the authority concerned within a period of one month thereafter in accordance with law.
Order Date :- 17.12.2019 RavindraKSingh