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2025 DAILYLAW 159486 (ALL)

RADHARAMAN TIWARI v. STATE OF U.P. THRU. DISTRICT MAGISTRATE, GONDA AND OTHERS

WRIC/8131/2025 · 2025-09-01

Alok Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8131 of 2025 Court No. - 5 HON'BLE ALOK MATHUR, J. 1. Heard Shri Kuldeep Singh, learned counsel for the petitioner as well as learned Standing Counsel on behalf of state respondents. 2. It has been submitted by counsel for the petitioner that against cancellation of his fair price shop, an appeal is pending before the Deputy Commissioner (Food), Devi Patan Division, Gonda which is registered as Appeal No.2044 of 2024. In the said appeal, the petitioner has moved an application for transfer on 08.08.2025 which has not been decided and accordingly, the present writ petition has been filed seeking a direction to the opposite party no.2, Commissioner, Devi Patan Division, Gonda to decide the application of transfer with expedition. 3. Considering the grievance of the petitioner, it is noticed that within three weeks of filing of the application for transfer, the present petition has been filed and even the order sheet has not been enclosed which may indicate that the notices have been issued to the complainant and the opposite parties in the appeal and whether any objections have been filed or not. Apart from the above, this Court is of the considered view that three weeks is not substantially a long length of time where it can be said that the application is pending for extraordinary long length of time and this Court would not exercise its discretionary jurisdiction under Article 226 of the Constitution of India to expedite the matter, which has been filed three weeks prior . Versus Counsel for Petitioner(s) : Kuldeep Singh Counsel for Respondent(s) : C.S.C., Narayan Datt Tiwari Radharaman Tiwari .....Petitioner(s) State Of U.P. Thru. District Magistrate, Gonda And Others .....Respondent(s) 4. Accordingly, for the reasons aforesaid, this Court is not inclined to interfere in the present petition and the petition is dismissed. However, in case, the application of the petitioner is pending for extraordinary long length of time, liberty is granted to the petitioner to approach again. September 1, 2025 KR WRIC No. 8131 of 2025 2 (Alok Mathur,J.) Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench