Petitioner sought a direction for disposal of an appeal against cancellation of a fair price shop licence. The High Court held the writ petition premature as the statutory appeal was pending within the prescribed 60-day period and dismissed the petition.
Direction for disposal of the appeal dismissed as the writ petition is premature.
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Court No. - 2
Case :- WRIT - C No. - 28683 of 2018
Petitioner :- Srikrishna Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Swadesh Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The petitioner has instituted an appeal against the order of cancellation of his fair price shop licence. The appeal was instituted on 12.7.2018 in the court of learned Commissioner, Agra Division, Agra. The only prayer made by the learned counsel for the petitioner at this stage is that the appeal should be decided within a specified time fixed.
Sri Vivek Srivastava, learned Standing Counsel has submitted that the institution and prosecution of the appeal is regulated by order 13 of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016. The authority under order 13 of The Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 is under a statutory mandate to dispose of the appeal within a period of 60 days, as far as the practicable. The time period has been provided for disposal of the appeal. The time period has not expired in the present case. The writ petition is premature.
Heard learned counsel for the parties.
The institution and prosecution as well as final disposal of the appeal is governed and regulated by the order 13 of The Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016. The relevant portion of the said order 13(3) The Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 is extracted hereunder:-
"(3) Any person aggrieved by an order of the Competent Authority denying the issue or renewal of the agreement to the fair price shop owner, suspension or cancellation of the agreement may appeal to the Appellate Authority namely, the Divisional Commissioner or the Joint Commissioner/Deputy Commissioner (Food) authorized by him in writing to hear and dispose appeal within thirty days of the date of receipt of the order and the Appellate Authority, shall, as far as practicable, dispose the appeal within a period of sixty days:
Provided that once an appeal has been disposed of by the Appellate Authority, the time for issue or renewal of the agreement of the fair price shop owner by the Competent Authority referred to in sub-clause (9) of Clause 10 shall begin from the date of decision of the Appellate Authority on the appeal:
Provided further that an appeal pending before an Appellate Authority appointed under the Uttar Pradesh Schedule Commodities Distribution Order, 2004 shall be disposed of by such authority as if this order had not been made."
The appellate authority is under a mandate to dispose of the appeal within a period of 60 days, as far as possible. The appeal was instituted on 12.7.2018 by the own showing of the petitioner. The period of 60 days has not expired. The writ petition is premature.
The writ petition is dismissed.
Order Date :- 24.8.2018 Pramod
2 issues framed by the court
Whether a writ petition challenging the pendency of an appeal pending statutory disposal is maintainable.
Whether the appeal filed by the petitioner could have been disposed of within the statutory time limit.
Srikrishna
State Of U P
2 Others
Ajay Bhanot
As recorded by the court registry
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