Disposed

Sharda Singh v. State of U.P. Thru. Prin. Secy. Food and Civil Supplies, Lko. and 2 Others

Allahabad HC24 May 2024WRIC/4639/2024

Case brief

AI extract

What is this about?

Court granted liberty to petitioner to seek preponement of next date in appeal regarding cancellation of fair price shop license and directed appellate authority to decide interim relief application.

What did the court decide?

Liberty to file application for preponement of next date; direction to appellate authority to decide pending interim relief application.

Sharda Singh vs State of U.P. Thru. Prin… — Civil Procedure and Limitation | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:39424

¶2

Court No. - 17

¶3

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

¶4

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.

¶5

Hon'ble Manish Mathur,J.

¶6

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

¶7

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.

¶8

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.

¶9

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.

¶10

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

¶11

fixed.

¶12

With the aforesaid directions, the petition stands disposed of.

¶13

Order Date :- 24.5.2024 prabhat

¶14

Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Sharda Singh v. State of U.P. Thru. Prin. Secy. Food and Civil Supplies, Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Sharda Singh v. State of U.P. Thru. Prin. Secy. Food and Civil Supplies, Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Cases cited

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Smt.Kiran Gupta Vs Additional Commissioner Lucknow Division and Another

Ramesh Kumar Tiwari Vs State of U.P. Thru. Prin. Secy. Panchayat Raj Civil Secrt. Lko. and 9 Others

Ram Kishor Vs Joint Commissioner (Food) Lucknow Division, Lko. and Another

Shiv Kumar Vishwakarma vs State of U.P. Thru Prin.Secy. Deptt. of Culture Lko and Ors.

Dhirendra Pratap Pal vs State of U.P. Thru. Prin. Secy. Deptt. of Medical Education Lko. and Another

Ramchandra alias Ram Chandra Kesharwani vs Razia Bano and Anr.