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Neutral Citation No. - 2025:AHC:30908 Court No. - 33 Case :- WRIT - C No. - 6199 of 2025 Petitioner :- Kripa Shankar Gaur Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sr. Advocate,Satish Kumar Mishra,Spriha Pandey Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla Hon'ble Vikram D. Chauhan,J.
1. Heard Sri B.D. Pandey, learned Senior Counsel assisted by Sri Satish Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel for the State. 2. The writ petition is filed with the following prayers:-
"A. Issue a writ, order or direction in the nature of Mandamus commanding the respondent no.2 to decide the appeal of petitioner being Appeal No.96/B, computerised No.C202315000000 385, under Section 13(1) Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 pending before the Commissioner, Azamgarh Mandal, Azamgarh within stipulated time as may be fixed by this Hon'ble court within stipulated time as may be fixed by this Hon'ble court. B. Issue a writ, order or direction in the nature of Mandamus staying the effect and operation of the order dated 03.06.2020 passed by the Sub Divisional Magistrate, Bairiya, District Ballia (Annexure No.6 to the writ petition) till the disposal of Appeal No.96/B, Computerised No.C202315000000385, under Section 13(1) Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 pending before the Commissioner, Azamgarh Mandal, Azamgarh."
3. It is submitted by learned Senior counsel appearing for the petitioner that the ends of justice would be served in the event the pending appeal before the respondent no. 2, Commissioner Azamgarh Mandal, Azamgarh is decided in a time bound manner. 4. Learned Senior Counsel submits that the S.D.M. concerned is not sending the records to the appellate authority. As a result of the same, there is a delay in the decision of the appeal. Learned
Standing Counsel submits that the appeal would be decided in the time bound manner and the S.D.M. concerned would be instructed to supply the records forthwith. 5. Considering the submissions made by learned counsel for the parties, writ petition is disposed of with the direction to the respondent no. 2, Commissioner Azamgarh Mandal, Azamgarh to decide the appeal within a period of two months from the date of production of certified copy of the order. 6. The respondent no.
3, S.D.M. Bairiya, District Ballia is directed to submit the records as required by the appellate authority within 15 days from the date of production of certified copy of this order. Order Date :- 4.3.2025 Aiman Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad