High Court of Judicature at Allahabad
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Chattra Pal v. State Of U.P. & Others - WRIT - C No. - 53808 of 2007  RD-AH 17469 (6 November 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Janardan Sahai, J.
Heard the learned counsel for the petitioner and the learned Standing counsel for the respondents.
The agreement of the fair price shop of the petitioner was cancelled by the Assistant Commissioner, Food and Civil Supply, Barielly vide order dated 17.8.2007, against which the petitioner filed an appeal along with the stay application before the Commissioner, Bareilly Division, Barielly. It is alleged that the Commissioner admitted the appeal but rejected the stay application. The order rejecting the stay application is an interlocutory one. There is nothing to show that the discretion exercised is perverse. No ground for interference with the order has been made out.
Considering the facts and circumstances, this writ petition is finally disposed of with the direction to respondent no. 2 to decide the appeal of the petitioner preferably within a period of three months from the date of production of a certified copy of this order before him.
In case the shop is alloted to any person the allotment shall be subject to the result of the appeal.
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