Sharda Singh vs State Of U.P. Thru. Prin. Secy. Food And ...
2024 Latest Caselaw 19012 ALL

Allahabad High Court

Sharda Singh vs State Of U.P. Thru. Prin. Secy. Food And ... on 24 May, 2024

Author: Manish Mathur

Bench: Manish Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:39424
 
Court No. - 17
 

 
Case :- WRIT - C No. - 4639 of 2024
 

 
Petitioner :- Sharda Singh
 
Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies, Lko. And 2 Others
 
Counsel for Petitioner :- Dilip Kumar Pandey,Praveen Kumar Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.
 

Heard learned counsel for petitioner and learned State Counsel for opposite parties.

Petition has been filed seeking challenge to order dated 19th January, 2024 passed in appeal preferred by petitioner under Section 13(3) of Essential Commodities (Regulation of Sale and Distribution) Control Order 2016 so far as it relates only to summoning of record without adjudicating upon the application for interim relief.

Learned counsel for petitioner submits that vide order dated 27th February, 2023 the fair price shop license of petitioner has been cancelled whereagainst the aforesaid appeal No. 1 of 2024 has been filed along with an application for interim relief. It is submitted that once the appeal was admitted for hearing, it was incumbent upon the appellate authority to have adjudicated upon the application for interim relief in the light of judgment rendered by Hon'ble Supreme Court in the case of Mool Chand Yadav and another versus Raza Buland Sugar Company Limited, Rampur and others reported in (1982) 3 SCC 484. It is submitted that in similar circumstances, the appellate authority has in fact granted interim protection. Learned counsel upon instructions submits that next date fixed in appeal is 7th July, 2024.

In view of aforesaid, petitioner is granted liberty to file an application for seeking preponement of the next date fixed in view of the urgency indicated. In case such an application is preferred, the same shall be considered and decided.

It is also directed that the appellate authority shall decide the pending application for interim relief in appeal No.1 of 2024 (Sarda Singh versus State of U.P. and others) on the next date fixed.

With the aforesaid directions, the petition stands disposed of.

Order Date :- 24.5.2024

prabhat