Court No. - 45
Case :- WRIT - C No. - 20238 of 2018 Petitioner :- Vimla Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Archana Kumari,Indra Deo Mishra,Raj Narayan Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The fair price shop of the petitioner was cancelled by order dated 16.4.2018 passed by the Sub-Divisional Officer, Mohammedabad, District Ghazipur. The petitioner carried the order in appeal. The appeal was registered as Appeal No. 38 of 2018 (Vimla Devi Vs. State of U.P.) in the court of learned Additional Deputy Commissioner (Food) Varanasi Division, Varanasi. The memo of appeal was accompanied by stay application. By order dated 20th April, 2018, the stay application of the petitioner has been rejected. The petitioner is only pressing the relief which assails the order rejecting the stay application passed on 20.4.2018 by the appellate authority.
The order passed by the appellate authority has protected the interest of the petitioner in the light of the law laid down by the Hon'ble Supreme Court in the case of Poonam v. State of U.P. and others reported at 2016 (7) ADJ (SC) 530. The appointment of any fair price shop dealer shall abide by the decision of the appeal. There is no infirmity in the order.
The writ petition is dismissed.
Order Date :- 29.5.2018 Pratima