WPMS/1317/2021
2021 Latest Caselaw 2417 UK

     IN THE HIGH COURT OF UTTARAKHAND
                          AT NAINITAL
                ON THE 14TH DAY OF JULY, 2021
                                BEFORE:
        HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

            Writ Petition (M/S) No. 1317 of 2021

 BETWEEN:
        Dan Singh Bisht                                   .....Petitioner
        (By Mr. Dinesh Kumar Tyagi, Advocate)


 AND:
        State of Uttarakhand                          ....Respondent
        (By Mr. Rakesh Kunwar, Addl. C.S.C. for the State of Uttarakhand)



                             JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. Petitioner is a fair price shop dealer. His fair price shop license was cancelled by the District Magistrate, Udham Singh Nagar vide order dated 30.04.2020. Against the said order, petitioner filed an appeal before the Commissioner, Kumaon Division, Nainital, which was allowed by learned Commissioner vide judgment dated 05.04.2021, which is on record as Annexure No.-2 to the writ petition. Perusal of the said judgment reveals that the order passed by the District Magistrate on 30.04.2020 was set-aside.

3. Consequent to the judgment rendered by Commissioner, Kumaon Division, petitioner was entitled for restoration of his fair price shop. According to the petitioner, his shop has not been restored even after the judgment passed by learned Commissioner. In this

regard petitioner has made a representation to the District Magistrate on 09.06.2021.

4. Learned counsel for the petitioner confines his prayer and submits that the District Magistrate be directed to take decision on the said representation.

5. Having regard to the facts and circumstances of the case, the writ petition is disposed of with a direction to District Magistrate, Udham Singh Nagar to take decision on petitioner's representation dated 09.06.2021 (Annexure No.-3 to the writ petition), in accordance with law, as early as possible, but not later than ten days from the date of production of certified copy of this order along with copy of representation.

(MANOJ KUMAR TIWARI, J.) Navin