High Court of Judicature at Allahabad
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M/S Dharmendra Kumar Sharma Petty Diesel Dealer v. State Of U.P. Thru' Secy., Civil Supply And Others - WRIT - C No. 36630 of 2006  RD-AH 11515 (14 July 2006)
Hon'ble Vineet Saran, J
The petitioner is a petty dealer for which he has been granted license under the U.P.High Speed Diesel Oil and Light Diesel Oil (Maintenance and Supply and Distribution) Order, 1981. By an order dated 8.6.2006 passed by the Respondent no.2 the license of the petitioner has been cancelled. Challenging the said order the petitioner has filed appeal no. 3/2005-06 before the Commissioner, Meerut Division, Meerut, Respondent no.3, along with an application for stay. By order dated 22.6.2006 the stay application of the petitioner has been rejected. Aggrieved by the aforesaid order the petitioner has filed this writ petition.
The submission of the learned counsel for the petitioner is that in case if during the pendency of the appeal any fresh license is granted, the same would adversely affect the rights of the petitioner and he shall suffer irreparably.
Considering the facts and circumstances of this case and keeping in view that in case if any fresh license is granted, third party rights would be created, this writ petition is being disposed of with the direction that the appeal of the petitioner pending before the Respondent no.3 Commissioner, Meerut Division, Meerut shall be heard and decided by the said respondent, in accordance with law, after giving opportunity of hearing to the petitioner and other concerned parties, if there be any, expeditiously, preferably within a period of two months from the date of filing of a certified copy of this order before the said Respondent no.3. Till the disposal of the appeal no fresh license shall be granted and the licensing authority shall be at liberty to make interim arrangement for supply of diesel, in accordance with law.
With the aforesaid observation/directions this writ petition is finally disposed of. No order as to cost.
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