Allowed

Kalap Husain @ Kalab Husen v. State of U.P. Thru. Prin. Secy. Deptt. of Food and Supply Lko. and 2 Others

Allahabad HC1 Nov 2022/6535/2022

Case brief

AI extract

What is this about?

Writ petition sought quashing of an order dismissing an appeal against fair price shop license suspension due to limitation. The court reviewed the Supreme Court's order excluding the pandemic period for limitation calculations and set aside the impugned order, directing a hearing and expeditious decision.

What did the court decide?

Set aside impugned order dated 26.07.2022; direct respondent to afford hearing and decide appeal within six months.

Kalap Husain @ Kalab Husen Vs State of U.P. Thru… — Service and Employment | Allahabad HC (2022)

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Court No. - 21

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Case :- WRIT - C No. - 6535 of 2022

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Petitioner :- Kalap Husain @ Kalab Husen Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Food And Supply Lko. And 2 Others Counsel for Petitioner :- Madan Gopal Tripathi Counsel for Respondent :- C.S.C.

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Hon'ble Mohd. Aslam,J.

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Heard Sri Madan Gopal Tripathi, learned counsel for the petitioner as well as learned Standing Counsel for the respondent-State.

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This writ petition under Article 226 of the Constitution of India has been filed seeking a writ, order or direction in the nature of certiorari to quash the judgment and order dated 26.07.2022 passed by respondent no.2 in Appeal No. 836 of 2022 under Paragraph 13(3) of The Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control), Order 2016 as well as the order dated 12.05.2020 passed by respondent no.3.

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It has been submitted by learned counsel for the petitioner that the license of fair price shop of the petitioner was suspended vide order dated 12.05.2022 passed by Sub-Divisional Magistrate, Tulsipur, District- Balrampur on the complaint of villagers against which the petitioner preferred a time barred Appeal No. 836 of 2022 (computerized no. C202208000000836) [Kalap Husain vs. State of UP] on 24.06.2022 before Additional Commissioner along with an application under Section 5 of Limitation Act for condoning the delay in filing the appeal which was dismissed vide order dated 26.07.2022 by observing that the order was within the knowledge of petitioner and the delay is not properly explained, thus the application under Section 5 of Limitation Act was dismissed and accordingly the appeal was also dismissed.

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Feeling aggrieved by the impugned order dated 26.07.2022, the petitioner has preferred the instant writ petition.

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It has been submitted by learned counsel for the petitioner that Hon'ble Apex Court in Misc. Application No. 21 of 2022 in re:- Cognizance for Extension of Limitation vide judgment and order dated 10.01.2022 has directed that the period from 15.03.2020 till 28.02.2022 shall stand excluded for the purpose of limitation as may be prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings. It is

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further submitted that the period of limitation is covered by the aforesaid law laid down by Hon'ble Apex Court. In above circumstances, the impugned order by which the limitation application of the petitioner was dismissed was not according to law and the order passed by Additional Commissioner Devi Patan, Division Gonda dated 26.07.2022 is liable to be quashed.

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Learned Standing Counsel has not disputed the above legal position.

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In view of above, this writ petition is allowed and the impugned order dated 26.07.2022 passed by respondent no.2 is, hereby, set-aside. Respondent no. 2 is directed to afford opportunity of hearing to the petitioner in appeal in accordance with provision of The Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 and decide the same expeditiously within a period of six months from the date of production of a certified copy of this order.

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Order Date :- 1.11.2022 Vikas/-

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Digitally signed by VIKAS VERMA Date: 2022.11.16 09:30:24 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Kalap Husain @ Kalab Husen v. State of U.P. Thru. Prin. Secy. Deptt. of Food and Supply Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Kalap Husain @ Kalab Husen v. State of U.P. Thru. Prin. Secy. Deptt. of Food and Supply Lko. and 2 Others

Case brief

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What did the court decide?

What the court decided

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