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

Court No. - 6 Case :- WRIT - C No. - 38405 of 2023 Petitioner :- Surendra Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Prakash Man Tiwari,Alok Tripathi Counsel for Respondent :- CSC Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Alok Tripathi, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. The petition has been filed with a prayer to direct the respondent no.2 to ensure compliance of order dated 02.06.2023 passed by Additional Commissioner/Joint Commissioner (Food) Meerut Mandal, Meerut in Case No.01803 of 2022, Computerized Case No.C202211000001803, Appeal No.02 of 2022-23 (Surendra Kumar Vs. State) and consider and decide the explanation/reply of the petitioner dated 24.07.2023, within stipulated period. Learned counsel for the petitioner submits that against cancellation of fair price shop license, petitioner filed an appeal and by order dated 02.06.2023, the matter was remanded back to the licensing authority to be decided afresh. The petitioner has filed an objection before licensing authority, which has not been decided till date, therefore, a direction may be issued to the authority concerned to pass final orders after considering the objection of the petitioner. Learned Standing Counsel has no objection to the aforesaid. No useful purpose would be served by keeping this petition pending in view of the order, which the Court proposes to pass hereunder. Considering the facts and circumstance of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed off with a direction to the respondent no.2, Sub District Magistrate, Tehsil Sardhana, District Meerut, to pass final orders in compliance of order dated 02.06.2023, in accordance with law, after considering the objections filed by the petitioner, by means of a reasoned and speaking order, as expeditiously as possible, preferably within a period of two months, from the date of production of a certified copy of this order, if there is no legal impediment. Order Date :- 28.11.2023 Rahul. High Court of Judicature at Allahabad