Manoj Kumar v. State of U.P. and Another

Court No. - 6 Case :- WRIT - C No. - 38723 of 2023 Petitioner :- Manoj Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Dileep Kumar Srivastava Counsel for Respondent :- CSC 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 i.e. Sub-Divisional Magistrate/Upzila Adhikari, Tehsil - Sadar Padarauna, District Kushinagar to decide the reply dated 15.09.2023 submitted by the petitioner within stipulated period which this Hon'ble Court may deem fit and proper to the circumstances of the case. B) ...." It has been stated by the learned counsel for the petitioner that his fair price shop license suspended and a show cause notice was given to which he has submitted a reply on 15.09.2023 but till date no order has been passed, therefore 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 pass appropriate order after considering the reply of the petitioner, in accordance with law, after giving opportunity of hearing to the parties concerned expeditiously, preferably within a period of two months from the date of producing a certified copy of this order before the concerned authority, if there is no other 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 :- 8.11.2023 Arti High Court of Judicature at Allahabad