Rajendra Kumar vs State Of U.P. & 2 Others
2013 Latest Caselaw 6002 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 14
 
Case :- WRIT - C No. - 52131 of 2013
 
Petitioner :- Rajendra Kumar
 
Respondent :- State Of U.P. & 2 Others
 
Counsel for Petitioner :- Pradeep Saxena,Dr.S.D.Maurya,Smt. Mamta Maurya
 
Counsel for Respondent :- C.S.C.
 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Anjani Kumar Mishra,J.

                  Issue notice pending admission.

                 Notice on behalf of the respondents has been accepted by the learned Standing Counsel. 

                 Therefore, no notice need be sent to the respondents. 

                 Counter Affidavit on behalf of the respondents may be filed by 7th 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 3, 7 and 11 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. 793 of 2013, filed by the petitioner before the Divisional Commissioner concerned, are not being stayed.

            List this case on 28th October, 2013.

          The names of Sri S.B. Maurya and Smt. Mamta Maurya, who have filed their Vakalatnama on behalf of the petitioner, will also be shown in the cause list when the case is listed next.

Order Date :- 23.9.2013

Priyanka

Hon'ble Satya Poot Mehrotra,J.

Hon'ble Anjani Kumar Mishra,J.

         The above order was dictated in the open Court.  While perusing the Record of the case before signing the Order, it has transpired that certain points require clarification.  We are, therefore, not signing the above Order, and we are directing the case to be listed for further hearing on 7th October, 2013.

       Let the case be listed for further hearing on 7th October, 2013, as directed above.

Order Date :- 23.9.2013

Priyanka