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Neutral Citation No. - 2025:AHC:29982 Court No. - 33 Case :- WRIT - C No. - 6248 of 2025 Petitioner :- Archna Gupta Respondent :- State Of U.P. And 2 Other Counsel for Petitioner :- Satendra Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State.
2. The present writ petition is filed with the following prayer:
"(i) Issue a writ, order or direction in nature of certiorari quashing the impugned order dated 24.07.2024 passed by Respondent No.2 i.e. Deputy Commissioner (Food), Bareilly Division, Bareilly in Appeal No.28 of 2024 (Archana Gupta versus State of U.P. and Another). (ii) Issue a writ, order or direction in nature of mandamus and kindly restore the license of the petitioner to run Fair Price Shop at Nagar Palika Nawabganj, Tehsil Nawabganj, District- Bareilly."
3. Learned counsel for petitioner submits that petitioner's fair price shop license was cancelled, against which, appeal was filed before respondent no.2. The stay application of the petitioner has been rejected. Learned counsel for petitioner submits that the right of petitioner would be seriously prejudiced, in the event, appointment of any new fair price shop licensee is granted.
4. Learned Standing Counsel submits that appeal of the petitioner would be decided in a time bound manner.
5. It is to be seen in the present that since the appeal is pending before the appellate authority, the ends of justice would be served in the event, a direction is issued to respondent no.2 to decide the appeal of the petitioner within a period of two months.
6. In view of above, it is hereby directed that the respondent no.2- Deputy Commissioner (Food), Bareilly Division, Bareilly, shall decide the appeal filed by the petitioner in accordance with law, preferably within a period of two months from the date of production of a certified copy of the order.
7. Till the decision on appeal of the petitioner, status quo as existing today, shall be maintained.
8. With the aforesaid observation/direction, the writ petition stands
disposed of.
Order Date :- 4.3.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad