Smt. Sugandhi Devi vs State Of U.P. Thru Secy. And 3 ...
2013 Latest Caselaw 6470 ALL

Citation : 2013 Latest Caselaw 6470 ALL
Judgement Date : 11 October, 2013

Allahabad High Court

Smt. Sugandhi Devi vs State Of U.P. Thru Secy. And 3 ... on 11 October, 2013

Bench: Satya Poot Mehrotra, Anjani Kumar Mishra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 57396 of 2013
 

 
Petitioner :- Smt. Sugandhi Devi
 
Respondent :- State Of U.P. Thru Secy. And 3 Others
 
Counsel for Petitioner :- Vinod Kumar Sharma
 
Counsel for Respondent :- C.S.C.,R.C. Upadhyay
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Anjani Kumar Mishra,J.

Issue notice pending admission.

Notice on behalf of the respondent nos. 1, 2 and 3 has been accepted by the learned Standing Counsel.

Notice in respect of respondent No. 4 has been received by Sri R.C. Upadhyay 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 10, 12 and 13 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 Appeal No. 304/B of 2013 pending before the Divisional Commissioner concerned, are not being stayed.

List this case on 28th October, 2013.

Order Date :- 11.10.2013

Priyanka