Allahabad High Court
Udaya Pratap vs State Of U.P. Thru. Prin. Secy. Food And ... on 1 July, 2024
Author: Manish Mathur
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:44652 Court No. - 18 Case :- WRIT - C No. - 5691 of 2024 Petitioner :- Udaya Pratap Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies, Lucknow And Others Counsel for Petitioner :- Praveen Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner and learned State Counsel for opposite parties.
2. Petition has been filed seeking quashing a part of order dated 07.03.2024 whereby prayer for interim relief pending appeal filed under Section 13 (3) of the Essential Commodities (Regulation of Sale Distribution Control) Order, 2016 has not been considered.
3. Learned counsel for petitioner submits that petitioner's fair price shop licence has been cancelled by means of order dated 20.01.2024, which is under challenge in the aforesaid appeal. He has drawn attention to the memorandum of appeal to submit that prayer for stay of the cancellation order had been made which has not been considered by the Court concerned while only summoning the trial Court record.
4. Leaned counsel has placed reliance on judgment rendered by this Court in the case of Radharani Cold Storage Pvt. Ltd. versus U.P. State Cold Storage Tribunal and Others reported in 2009 (27) LCD 1391 to submit that once delay has been condoned and appeal is pending consideration, the appellate Court was required to hear on the application for interim relief.
5. Considering aforesaid facts and circumstances, particularly the fact that appeal filed against the order of cancellation dated 20.01.2024 is pending consideration alongwith a prayer for grant of interim relief, the opposite party no. 2 i.e. Joint Commissioner (Food) Lucknow Division, Lucknow is directed to consider and decide petitioner's prayer for grant of interim relief within a period two weeks from the date a certified copy of this order is brought on record of proceedings.
6. With aforesaid directions, petition stands disposed of.
Order Date :- 1.7.2024 Satish