Laxmi Narayan Sharma v. State of U.P. and 3 Others

Court No. - 6 Case :- WRIT - C No. - 35848 of 2023 Petitioner :- Laxmi Narayan Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Punya Sheel Pandey Counsel for Respondent :- C.S.C.,Avinash Chandra Srivastava Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Punya Sheel Pandey, learned counsel for the petitioner and learned Standing Counsel for the respondents. This writ petition has been filed by the petitioner with a prayer to direct the respondent no.2 to decide the appeal no.151 of 2023 (Computer Case No.C202301000000151 (Laxmi Narayan Sharma vs. State of U.P.), under Section 13(1) of Uttar Pradesh Commodities (Regulation of Sale and Distribution) Order, 2016 within stipulated period. Learned counsel for the petitioner submits that the appeal against the cancellation of fair price shop license is pending since

06.01.2023. Therefore, a direction may be issued to respondent no.2 to decide the appeal of the petitioner within stipulated period. Learned Standing Counsel does not dispute the aforesaid. Counsel for the parties agree that the writ petition may be disposed of finally at this stage without calling for a counter affidavit specifically in view of the order proposed to be passed today. In view of the aforesaid, without going into the merits of the case of the petitioner, this writ petition stands disposed of with a direction to the respondent no.2, i.e. Deputy Commissioner (Food), Agra Division, Agra to decide the appeal no.151 of 2023 (Computer Case No.C202301000000151 (Laxmi Narayan Sharma vs. State of U.P.), on its own merit, in accordance with law, after hearing all the parties concerend, preferably within a period of six months from the date of production of certified copy of this order. It is made clear that this Court has not examined the merits of the case of the petitioner and the authority concerned shall apply its own mind strictly in accordance with law. Order Date :- 9.11.2023 Jitendra/- High Court of Judicature at Allahabad