Smt Durga Devi v. State Of Up And 6 Others

Neutral Citation No. - 2024:AHC:26520

Court No. - 6 Case :- WRIT - C No. - 3421 of 2024

Petitioner :- Smt Durga Devi

Respondent :- State Of Up And 6 Others

Counsel for Petitioner :- Bhanu Kumar Ratnakar,Mohd. Monis

Counsel for Respondent :- C.S.C.,Jai Prakash Prasad,Pradeep Singh

Hon'ble Rohit Ranjan Agarwal,J.

The petitioner before this Court is the original allottee of the fair price shop, however, his licence of the fair price shop was cancelled, against which, an appeal was preferred, which was allowed and the licence was restored.

The subsequent allottee had approached this Court through Writ-C No.20062 of 2023 claiming that he was not heard before the licence was revoked. The writ Court on 19.06.2023 had partly allowed the writ petition, and remanded the matter back to the appellate authority to pass an order afresh after hearing both the petitioner as well as the subsequent allottee.

It is contended by learned counsel for the petitioner that the appeal is still pending consideration before respondent no.2. Learned counsel representing the petitioner as well as the subsequent allottee-respondent no.6 fairly submits that a direction may be issued for early disposal of the appeal which is pending consideration before respondent no.2.

As no useful purpose would be served in keeping the matter pending, with the consent of the parties, the matter is being disposed of at this stage without calling for counter affidavit, with

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a direction upon respondent no.2 to decide the appeal which is pending consideration before him, if there is no legal impediment and after hearing all the concerned parties, strictly in accordance with law by reasoned and speaking order, expeditiously, preferably within a period of two months from the date of production of certified copy of this order.

With the aforesaid direction, present writ petition stands disposed of.

It is made clear that this Court has not adjudicated the case on merit.

Order Date :- 16.2.2024 SK Goswami

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