Court No. - 46
Case :- WRIT - C No. - 18958 of 2019 Petitioner :- Vikrama Ram Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Brij Bhushan Pandey Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav,Om Prakash Chaurasia
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner claims to be fair price shop agent of Gaon Sabha Prithvipur, Block Mardah, Tehsil Sadar, District Ghazipur. The licence of the petitioner was cancelled by Sub Divisional Magistrate, Ghazipur respondent no.4 by order dated 15.03.2019 against which petitioner, preferred statutory appeal No.44 of 2019 under Section Section 13(1) of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 before respondent no.2 on 08.04.2019 whiis still pending.
The petitioner has come up in the writ petition with a prayer to decide the appeal No. 44 of 2019 with time bound period.
The contention of learned counsel for the petitioner is that according to Section 13(3) of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 (hereinafter referred to as 'Order 2016'), the appellate authority shall endevour to decide the appeal of the petitioner within sixty days, but the sixty days period as has not yet passed from the date of filing of appeal.
Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending.
Be that as it may, Section 13(3) of the Order 2016 provides that appellate authority shall endevour to decide of the appeal within a period of sixty days from the date of its filing but the the sixty days period as provided in Section 13(3) of the Order 2016 has not yet passed, therefore, the prayer sought by the petitioner is misconceived.
However, it is expected of the appellate authority to abide by the period stipulated under Section 13(3) of the Order 2016. In view of the said provision, the appellate authority, i.e.
respondent no.2, is expected to decide the appeal No. 44 of 2019 of the petitioner filed under Section 13(1) of the Order 2016 within the time stipulated in Section 13(3) of Order 2016, if for any reason, the same could not be decided within stipulated period, the appellate authority shall decide it expeditiously, preferably within four months from the date of expiry of period stipulated in Section 13(3) of Order 2016.
The writ petition is disposed off.
Order Date :- 29.5.2019 Sattyarth