Panchoo vs State Of U.P. Thru.Prin.Secy. ...
2021 Latest Caselaw 664 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 
Case :- MISC. SINGLE No. - 447 of 2021
 
Petitioner :- Panchoo
 
Respondent :- State Of U.P. Thru.Prin.Secy. Food &Civil Supply,Lko. & Ors.
 
Counsel for Petitioner :- Rajesh Kumar Singh,Rajesh Kumar Singh,Vijayendra Prakash Tripat
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Heard the learned counsel for the parties and perused the record.

This petition has been filed challenging the order dated 29.09.2020 passed by the Opposite party no.2 wherein he has admitted the Appeal of the petitioner filed under Paragraph 13 of the U.P. Essential Commodities (Regulation of Distribution of Sale and Control) Order, 2016 but has rejected the application for stay of the order of cancellation of Fair Price Shop license dated 13.07.2020.

Learned counsel for the petitioner has placed reliance upon the order passed by this Court in Radha Rani Cold Storage Private Limited Vs. U.P. State Cold Storage Tribunal and Other, reported in 2009 (27) LCD 1391 wherein this Court in similar circumstances had placed reliance upon the judgment of the Supreme Court in Mool Chand Yadav Vs. Raza Buland Sugar Co. Ltd. and Others and also observed that the Appeal would be rendered infructuous, if no stay is granted of the impugned order. In the case of the petitioner, it cannot be said that the Appeal of the petitioner under Paragraph 13 of the order of 2016 shall be rendered infructuous as it is settled law that if any alternative arrangement is made for distribution of Essential Commodities by giving license to a subsequent allottee, the license of the subsequent allottee is always subject to order passed in Appeal.

This Court does not find any good ground to show interference in the order impugned. Accordingly, this petition is finally disposed of with a direction to the Appellate Authority to consider and decide the Appeal, in accordance with the time limit fixed by the provisions of Paragraph 13 (3) of the Order of 2016.

Order Date :- 11.1.2021

PAL