Disposed

Smt.Shama Parveen v. State of U.P. Thru Prin Secy Food and Civil Supplies U.P. Govt Lko. and 2 Others

Allahabad HC19 Dec 2022/9121/2022

Case brief

AI extract

What is this about?

Writ petition challenging appellate order rejecting interim application to continue fair price shop during appeal pendency. Court refused continuation of shop but allowed temporary attachment with nearby shop pending appeal disposal within three months.

What did the court decide?

Prayer to continue shop running disallowed; shop may be attached with nearby shop; no regular allotment to be made pending appeal.

Smt.Shama Parveen Vs State of U.P. Thru… — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 20

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Case :- WRIT - C No. - 9121 of 2022

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Petitioner :- Smt.Shama Parveen Respondent :- State Of U.P. Thru Prin Secy Food And Civil Supplies U.P. Govt Lko. And 2 Others Counsel for Petitioner :- Satish Kumar Sharma Counsel for Respondent :- C.S.C.

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Hon'ble Manish Kumar,J.

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This petition is directed against an order passed by Appellate Authority, rejecting petitioner's interim application, while admitting the appeal. The order records that petitioner had violated the terms of allotment, and therefore, during pendency of appeal there is no justification to allow the petitioner to continue with the fair price shop.

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This petition is filed with the allegation that fresh allotments are going to be made and in case it is alloted, the purpose of filing the appeal would be rendered infructuous.

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Reliance is placed upon a decision of Devision Bench of this Court in 2009 (27) LCD 1391 (Radha Rani Cold Storage Pvt. Ltd. Vs. U.P. State Cold Storage Tribunal and others), as well as a decision of this Court in Misc. Single No. 3758 of 2014 (Bhaggu Ali Vs. State of U.P. thru Secy. Food U.P. Govt. Civil Sectt. and others) dated 16.7.2017.

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The petition is opposed by learned Standing Counsel.

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Considering the fact that petitioner's appeal is yet to be heard on merits, which in fact is continuation of original proceedings, it would be appropriate to provide that during the pendency of appeal, the petitioner's shop may be attached with a nearby shop awaiting disposal of appeal, but no regular allotment shall be made of the petitioner's shop. It is also provided that the Appellate Authority shall make all endeavors to dispose of the appeal, at the earliest possible, preferably within a period of three months thereafter.

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However, the prayer made by petitioner to continue with the running of shop during pendency of appeal cannot be sustained, as it would virtually nullify the order under challenge and would amount to grant of final relief, at the interim stage, which is against the settled principle of law.

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Order Date :- 19.12.2022/Nitesh

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Digitally signed by NITESH KUMAR TEWARY Date: 2022.12.19 16:14:09 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Smt.Shama Parveen v. State of U.P. Thru Prin Secy Food and Civil Supplies U.P. Govt Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Smt.Shama Parveen v. State of U.P. Thru Prin Secy Food and Civil Supplies U.P. Govt Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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