High Court of Judicature at Allahabad
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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  RD-AH 12612 (31 July 2006)
Hon'ble A.K. Yog,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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