Shri Chand vs State Of U.P. And 3 Others
2013 Latest Caselaw 6331 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 55015 of 2013
 

 
Petitioner :- Shri Chand
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Madan Mohan,P.S. Verma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Anjani Kumar Mishra,J.

        Pursuant to the Order dated 4th October, 2013, the case has been put up today as a fresh case.

       Learned Standing Counsel appearing for the respondent Nos. 1 to 3 states that instructions have been received by him on telephone, but detailed instructions are awaited in the matter.

        Issue notice pending admission.

       Notice on behalf of the respondent Nos. 1 to 3 has been accepted by the learned Standing Counsel.

       Notice on behalf of the respondent No. 4 has been accepted by Sri Ashish Kumar Srivastava, learned counsel for the said respondent.

        Therefore, no notice need be sent to the respondents.

       Counter Affidavit on behalf of the respondents may be filed by 21st October, 2013.

        Rejoinder Affidavit may be filed by the next date fixed in the matter.

        Heard on the question of grant of interim relief.

       Having regard to the facts and circumstances of the case and having considered the submissions made by the learned counsel for the parties, and keeping in view the averments made in Paragraphs 4, 5, 7, 8 and 9 of the Writ Petition  that the Appeal filed by the petitioner against the order of cancellation of the Fair Price Shop in question is pending and also keeping in view the decision of the Lucknow Bench of this Court in Misc. Bench No. 10373 of 2011, Jagannath Upadhyay Vs. State of U.P. and others, decided on 19.10.2011, it is provided that till the next date fixed in the matter or till the disposal of the Appeal filed by the petitioner, whichever is earlier, no third party interest will be created in respect of the Fair Price Shop in question. The distribution of essential commodities to the Card-Holders of the Fair Price Shop in question will be made by attachment.

       It is, however, made clear that the proceedings in  the Appeal  stated to have been  filed by the petitioner on 22.8.2013 before the Divisional Commissioner concerned, are not being stayed.

      List this case on 28th October, 2013.

Order Date :- 5.10.2013

Priyanka