Vijay Kumar v. State of U.P. and 3 Others

Court No. - 6 Case :- WRIT - C No. - 34153 of 2023 Petitioner :- Vijay Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dharmendra Kumar Mishra,Neeraj Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondent. This writ petition has been filed interalia for the following relief: "A) Issue an appropriate writ order or direction in the nature of mandamus directing the respondent no. 2 to decide Appeal No. 520 of 2023 Safiullah Vs. Sub Divisional Magistrate Baansi, District Siddharth Nagar under Clause 13(1) of U.P. Essential Commodities (regulation of sale and Distribution control) order 2016 pending before him within stipulated period fixed by this Hon'ble Court. B) Issue an appropriate writ order or direction in the nature of mandamus commanding and directing the respondent no. 2 to stay the effect and operation of the order dated 09.08.2023 passed by him in aforesaid appeal during pendency of the appeal. It has been stated by the learned counsel for the petitioner that an appeal against cancellation of fair price shop license, is pending since 09.08.2023, a direction may be issued to decide the same within stipulated period. The learned Standing Counsel has no objection to the submission made by the counsel for the petitioner. No useful purpose would be served by keeping this petition pending in view of the order, which the Court proposes to pass hereunder. Without entering into the controversy involved in the writ petition, the writ petition is disposed of with a direction to respondent no. 2 to decide the aforesaid appeal, in accordance with law by a speaking and reasoned order, as expeditiously as possible, from the date of production of a certified copy of this order, if there is no legal impediment. It is made clear that this Court has not examined the merits of the claim of the petitioner and the authority concerned shall apply its own mind strictly in accordance with law. Order Date :- 7.11.2023 Arti High Court of Judicature at Allahabad