Kamroon Vs State of U.P. Thru. Prin. Secy. Food and Civil Supplies Lko. and 2 Others

Court No. - 17

Case :- WRIT - C No. - 6054 of 2025

Petitioner :- Kamroon

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

¶5

Hon'ble Rajeev Singh,J.

¶6

Heard learned counsel for the petitioner and learned counsel for the respondent.

¶7

The present writ petition has been filed with the following prayer :-

¶8

(i) A writ order or direction in the nature of certiorari thereby quashing the part of the order dated 30.4.2025 passed by the opp. party no.2 in appeal bearing appeal No.1619 of 2025 computerized Case No.C202510000001619 (Kamroon Vs. State of U.P. & Ors.) U/S 13(3) of the Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 so far as it relates only rejecting the interim relief application contained as Annexure No.1 to the writ petition.

¶9

(ii) A writ, order or direction in the nature of Mandamus be issued commanding the opposite parties not to implement the order dated 27.11.2024 passed by the Opp. Party No.3 contained as Annexure no.2.

¶10

(iii) A writ, order or direction in the nature of Mandamus be issued commanding the opposite party no.3 to permit the petitioner to runs the fair price shop of village Panchayat Korokalan, Vikas Khand, Kothawan, Tehsil Sandila, District Hardoi."

¶11

Learned counsel for the applicant submits that applicant was appointed as a fair price shop dealer for the fair price shop of Gram Panchayat, Korokalan, Tehsil Sandila, Hardoi under the provisions of dying-in-harness as earlier shop in question was run by her husband and under a conspiracy, false compliant was made, then license of the fair price shop of the applicant was suspended on 13.9.2024 and same was cancelled on 23.12.2019 in the most mechanical manner. He further submits that applicant preferred appeal before the Joint Commissioner (Food), Lucknow Division, Lucknow, which was allowed and the matter was remanded before the Sub Divisional

¶12

Magistrate, Sandila, Hardoi but Sub Divisional Magistrate, Sandila, Hardoi upheld the cancellation order by passing order dated 3.1.2022. Thereafter, again appeal was preferred against the order dated 3.1.2022, which was allowed on 17.2.2024 and the matter was remanded, then on 27.11.2024, S.D.M. again upheld the order of cancellation, then Appeal No.1619 of 2025 computerized Case No.C-202510000001619 (Kamroon Vs. State of U.P. & Ors.) U/S 13(3) of the Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 was preferred before the Divisional Commissioner, Division, Lucknow alongwith stay application but appeal was admitted and stay application was rejected in the most mechanical manner.

¶13

Learned counsel for the applicant submits that once the appeal was admitted by the appellate authority, applicant is entitled for stay. He also relies on the judgment of this Court passed in Writ C No. 5822 of 2025 (Swami Dayal Vs. State of U.P. & Ors.) and requested for interim protection till the pendency of appeal.

¶14

Sri Mohit Jauhari, learned counsel for the respondent submits that it is evident from the record that fair price shop of the applicant was cancelled on 23.12.2019 and thereafter, he was never allowed to run fair price shop, therefore, after about six years, she is not entitled for stay in relation to fair price shop in question.

¶15

At this stage, learned counsel for the applicant requested that appellate authority may be directed to decide the appeal expeditiously.

¶16

Considering the submissions of learned counsel for the parties, going through the contents of the writ petition as well as other relevant documents, the present writ petition is disposed of with a direction to the appellate authority to decide the Appeal No.1619 of 2025 computerized Case No.C202510000001619 (Kamroon Vs. State of U.P. & Ors.) U/S 13(3) of the Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, expeditiously, if possible, within a period of two months from the date of production of

¶17

certified copy of this order, by a reasoned and speaking order.

¶18

Order Date :- 3.7.2025 GauraV/-

¶19

Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench

Kamroon 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?

Kamroon 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?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Jag Prasad Vs Sri Ajai Kant Saini, Addl. Commissioner Administration Ayodhya

Sujeet Yadav Vs Sri Kumar Harsh, Collector / D.M., Sultanpur and Another

Surya Bhan Shukla Vs Sri Satyapal Singh, Tehsildar Tehsil Tarabganj Distt. Gonda

Mr. Dinesh Kumar Singh vs Sanjay Prasad, Prin. Secy. Home Govt. of U.P. Lko. and 3 Others

Suresh Kumar Dubey Vs Nikhil Teekaram Funde Distt. Magistrate Distt. Ayodhya and 9 Others

Tanveer Mustafa Vs U.O.I. Thru. Addl. Director General Directorate of Revenue Intelligence Lucknow Zonal Unit