Jay Karan Singh vs State Of U.P. And 7 Others
2013 Latest Caselaw 6074 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 52628 of 2013
 

 
Petitioner :- Jay Karan Singh
 
Respondent :- State Of U.P. And 7 Others
 
Counsel for Petitioner :- S.K. Dixit
 
Counsel for Respondent :- C.S.C.,Brij Kumar Yadav
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Anjani Kumar Mishra,J.

        Issue notice pending admission. 

       Notice on behalf of the respondent nos. 1 to 6 has been accepted by the learned Standing Counsel. 

       Notice on behalf of the respondent No. 7 has been accepted by Sri Brij Kumar Yadav, learned counsel for the said respondent.

        Notice will be issued to the respondent No. 8 by Registered Speed Post A.D. fixing the next date fixed in the matter.

       Requisite steps will be taken by the learned counsel for the petitioner within  a week.

        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 11 and 12 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. 423 of 2013, filed by the petitioner before the Divisional Commissioner concerned, are not being stayed.

        List this case on 28th October, 2013.

Order Date :- 25.9.2013

Priyanka