Extracted from the PDF above. The PDF is authoritative.
2025:UHC:9628 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPMS 3035/2025
Hon’ble Manoj Kumar Tiwari, J.
Mr. Siddharth Singh Negi, Advocate, for the petitioner.
Mr. Suyash Pant, Standing Counsel, for the State.
(2) Petitioner’s fair price shop license was cancelled by the District Magistrate, Haridwar, against which petitioner filed an appeal which is numbered as Appeal No. 2 of 2021-22. Appeal was filed on 22.10.2021, but the same is still pending
consideration. In this writ petition, petitioner has sought the following relief:
“1. Issue a writ order or direction in the nature of Mandamus directing respondent no. 1 to transfer the Statutory Appeal No. 02/2021-22 “Abdul Khalid Vs State” pending before the Commissioner Garhwal Mandal, Pauri Camp at Dehradun, to his own office or to any other competent authority.”
(3)
Learned counsel for the petitioner submits that the District Magistrate, who passed the cancellation order, is now holding the position of Commissioner, Garhwal Division, therefore the appeal be transferred to some other officer of appropriate rank.
(4) The grievance raised by the petitioner is justified. His appeal is pending since 2021 and already four years have gone by after filing of the appeal. The individual, who was holding the position of District Magistrate, Haridwar, cannot decide the appeal against his own order while serving as Divisional Commissioner.
2025:UHC:9628 (5) Writ petition is, therefore,
disposed of with a direction to Secretary, Food and Civil Supplies to call for the record from the Commissioner, Garhwal Division and hear the appeal either himself or assign the same for decision to some other officer of appropriate rank. This Court hopes and expects that the Secretary, Food and Civil Supplies shall ensure that the appeal be decided within eight weeks from the date of presentation of certified copy of this order.
(Manoj Kumar Tiwari, J.)
31.10.2025 Pr
PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C9195 7BE53, cn=PRABODH KUMAR Date: 2025.11.03 09:54:06 +05'30'
2025:UHC:9628