Smt. Nasreen vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Smt. Nasreen vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Continuation of the interim order dated 29.09.2022 passed by the Commissioner, Moradabad Division, Moradabad in Appeal No.1534 of 2022 till final disposal of the writ petition; six weeks' time granted to file counter affidavit and two weeks thereafter to file rejoinder affidavit; matter to be listed thereafter.

Issue for consideration

Whether the order dated 23.05.2025 passed by respondent no.2 in Appeal No.1534 of 2022 under Section 13 (1) of the U.P. Essential Commodities Act, and the order dated 01.09.2022 passed by respondent no.3, should be quashed. +1 more

Ratio / Principle

The interim order dated 29.09.2022 passed by the Commissioner, Moradabad Division, Moradabad in Appeal No.1534 of 2022 will continue to operate till the final disposal of the writ petition.

Detailed headnote1 paragraphs

Writ-C No. 20008 of 2025, Smt. Nasreen v. State of U.P. and 3 others (Allahabad HC, Prakash Padia, J., September 18, 2025): Petition seeking quashing of the order dated 23.05.2025 passed by respondent no.2 in Appeal No.1534 of 2022 (Computerized Case No.C202213000001534), under Section 13 (1) of the U.P. Essential Commodities Act, and of the order dated 01.09.2022 passed by respondent no.3, concerning the petitioner's fair price shop. On 29.09.2022 the Commissioner, Moradabad Division, Moradabad had granted an interim order during pendency of the appeal, under which the petitioner continued to operate the shop till the impugned order; counsel argued that no fresh appointment had been made for the shop and produced a photocopy stating the shop is vacant, along with an order dated 11.08.2025 of the District Supply Officer, Sambhal, which was taken on record. The Court granted six weeks to file the counter affidavit and two weeks thereafter for the rejoinder affidavit, and directed that the interim order dated 29.09.2022 will continue to operate till the final disposal of the writ petition. No adjudication of merits; no precedent cited or engaged with.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 20008 of 2025

Smt. Nasreen

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Jai Singh Yadav
Counsel for Respondent(s)	: C.S.C.

Court No. - 6

HON'BLE PRAKASH PADIA, J.

The petitioner has preferred the present petition inter alia with the prayer to quash the order dated 23.05.2025 passed by respondent no.2 in Appeal No.1534 of 2022 (Computerized Case No.C202213000001534) (Smt. Nasreen Vs. State of U.P. and others), under Section 13 (1) of the U.P. Essential Commodities Act, and order dated 01.09.2022 passed by the respondent no.3.

It is argued by learned counsel for the petitioner that during the pendency of the aforesaid appeal, an interim order was granted by the Commissioner, Moradabad Division, Moradabad in favour of the petitioner on 29.09.2022 and on the basis of the same, the petitioner was continue to operate his fair price shop till the order impugned has been passed. It is further argued that till date no fresh appointment has been made in respect of shop in question.

In support of his contention counsel for the petitioner has produced before this Court a photocopy of the order, in which it is clearly mentioned that the shop is vacant.

The photocopy of order dated 11.08.2025 under the signature of District Supply Officer, Sambhal has placed before this Court. the same is taken on record.

In this view of the matter and also in the interest of justice, as prayed by learned Standing counsel six weeks time to file counter affidavit. Two weeks' thereafter is granted to counsel for the petitioner to file rejoinder

WRIC No. 20008 of 2025

2

affidavit.

List thereafter.

Interim order dated 29.09.2022 passed by Commissioner, Moradabad Disivion, Moradabad in Appeal No.1534 of 2022 will continue to operate till the final disposal of the writ petition.

(Prakash Padia,J.)

September 18, 2025

S.K.

Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad