Court No. - 38
Case :- WRIT - C No. - 19774 of 2018 Petitioner :- M/S Tej Singh Galla Bhandar And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Akhilesh Tripathi,Vinod Kumar Sharma Counsel for Respondent :- C.S.C.,Archit Mandhyan
Hon'ble Abhinava Upadhya,J. Hon'ble Abhai Kumar,J.
Vakalatnama filed by Sri Kartikeya Saran appearing on behalf of Mandi Samiti is taken on record.
Heard learned counsel for the petitioner and Sri Kartikeya Saran appearing on behalf of Mandi Samiti.
By means of this writ petition, the petitioner has come to this Court challenging the order dated 15.5.2018 by which the licence to run the shop in the Mandi Samiti has been revoked.It is submitted that the petitioner was granted licence to run a shop in the name of Tej Singh Galla Bhandar and she was running the shop. Now, notices were issued to the petitioner to show cause as to why the licence should not be revoked. The petitioner replied to the notice stating therein that the shop is run by the licensee but she herself is not well and is suffering from Blood Pressure and, therefore, her agent is running the shop. Without considering this reply, the licence has been revoked exercising the power under section 17(2) of the U.P. Krishi Utpadan Mandi Adhiniyam, 1964.
It is to be noticed that under section 25 of the said Act, the petitioner has a remedy of filing an appeal. However, the period for filing an appeal is 30 days. According to the learned counsel for the petitioner even before the expiry of 30 days, his licence has been revoked.
We have considered the submissions of the learned counsel for the petitioner and Sri Kartikeya Saran appearing for Mandi Samiti. Whether the petitioner was running the shop himself or has hired some one else to run his shop, this Court will not go into all these questions. However, so far as the revocation of the licence is concerned, section 25 provides for 30 days period within which an appeal can be filed.The petitioner's licence has been revoked even before the expiry of the said period.
The writ petition is disposed of with the observation that the order dated dated 15.5.2018 so far as it relates to the petitioner shall be kept in abeyance for a period of one month from today. The petitioner undertakes to file an appeal within a period of one week. In case such an appeal is filed, the same shall be decided in accordance with law without unnecessary delay.
Order Date :- 30.5.2018/VPC (Abhai Kumar,J) (Abhinava Upadhya,J)