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2025 DAILYLAW 179137 (ALL)

DESHRAJ v. STATE OF U.P. THRU. PRIN. SECY. FOOD AND CIVIL SUPPLIES LKO. AND 2 OTHERS

WRIC/10890/2025 · 2025-11-11

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10890 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Dileep Kumar Pathak, the learned counsel for the petitioner and Shri Alok Srivastava, the learned Additional Chief Standing Counsel for the State of U.P. 2. By means of the instant petition, the petitioner has challenged the validity of an order dated 15.10.2025 passed by the Joint Commissioner Food Lucknow Division Lucknow in Appeal No.4487 of 2025 whereby the petitioner's application for interim relief has been rejected. 3. The petitioner's fair price shop license was suspended by means of an order dated 19.09.2025 after issuing a charge-sheet to him, holding a detailed inquiry and taking into consideration the defense of the petitioner. 4. The appellate authority rejected the application for stay of cancellation order after referring to the findings recorded in the cancellation order and after recording that the appellant could not make out any ground for grant of stay and he could not make out any irreparable loss which has occasioned to him. 5. The impugned order dated 05.10.2025 is a well reasoned order and it does not suffer from any error or illegality as may warrant interference by this Court. 6. However, as the appellate authority has rejected the application for interim relief and the appeal is still pending, it would be expedient in the interest of justice that the petitioner's appeal itself be decided Versus Counsel for Petitioner(s) : Dileep Kumar Pathak Counsel for Respondent(s) : C.S.C. Deshraj .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Food And Civil Supplies Lko. And 2 Others .....Respondent(s) expeditiously. 7. Accordingly, the instant petition is disposed off by issuing a direction to the Joint Commissioner Food Lucknow Division Lucknow to decide the Appeal No.4487 of 2025 under Section 13(3) of the U.P. Essential Commodities (Regulations of Sale and Distribution) Act, preferably within a period of 30 days from the date of receipt of copy of this order. November 11, 2025 -Amit K- WRIC No. 10890 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench