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Up-Kshetra No. 1 Upbhokta Sahkari Samiti Ltd. v. State Of U.P. Thru. Prin. Secy. Food & Civil Supplies & Othe - WRIT - C No. 40580 of 2006 [2006] RD-AH 12612 (31 July 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble A.K. Yog,J.

Hon'ble R.K.Rastogi,J.

Heard  the learned counsel for the petitioner and the learned Standing Counsel for the  respondents.

It is contended that fair price shop licence/agreement  in favour of the petitioner has been cancelled by  means of an order dated 28.6.2003 against which Appeal no. 23 of 2005 was filed before the Commissioner which is pending  before the Addl.  Commissioner-II, Meerut. While the appeal is pending  the respondent authority has passed  the impugned order dated 13.7.2006 whereby certain units  of the petitioner's shop have been  taken away which will in effect render  his appeal infructuous.

Instead of calling for a counter affidavit  we direct  the authority concerned to decide the petitioner's appeal within six weeks of the receipt of certified copy of this order. Meanwhile, the impugned order dated 13.7.2006/Annexure no.6 to the writ petition, shall not be given effect to, but the same shall be subject to the order passed in the appeal.  It is made clear  that  if the petitioner fails to submit  certified copy of this order alongwith a  copy the writ petition and  its Annexures  within two week weeks from today, this order shall automatically lapse.

The writ petition is finally disposed of  subject to the above observations.  




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