Neutral Citation No. - 2025:AHC:52844 Court No. - 33 Case :- WRIT - C No. - 10648 of 2025 Petitioner :- Smt. Pushpa Deivi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Chaurasia Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Counsel for the petitioner is permitted to implead Deputy Commissioner (Food), Agra Division, Agra as respondent no.4 during course of the day. 2. Against the order dated 20.02.2025 passed by Sub Divisional Magistrate, Tehsil-Sadar, District Agra by which fair price shop license of the petitioner was cancelled, the petitioner preferred a petition being Writ C No.7093 of 2025 before this Court, which was disposed of on 10.03.2025. The order dated 10.03.2025 reads as follows :- "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 the nature of certiorari to quash the impugned order dated 20.02.2025 (Annexure No.2 to this writ petition) passed by Sub-Divisional Magistrate, Tehsil - Sadar, District Agra (Respondent No.2). ii. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to permit the petitioner run the Fair Price Shop situated at Gram Panchayat Manghatai, Block - Bichpuri, Tehsil - Sadar, District Agra during the pendency of present petition before this Hon'ble Court. 3. Learned Standing Counsel submits that against the impugned order petitioner has remedy of filing appeal. 4. Learned counsel for the petitioner does not dispute the aforesaid fact. 5. Accordingly, the writ petition is disposed of with liberty to the petitioner to approach the appellate authority by filing appeal in accordance with law. In the event such an appeal along with stay application is filed, stay application shall be considered and decided by the appellate authority within fifteen days from the date of filing appeal." 3. Pursuant to the aforesaid on the stay application filed by the petitioner an order dated 25.03.2025 was passed by the Commissioner (Food), Agra Division, Agra. By the aforesaid order application for grant of interim order was rejected. The operative portion reads as follows :- "प्रथम दृष्टयया प्रश्नगत आददेश कको स्थगगत गकयदे जयानदे कया ककोई औगचित्य न पयायदे जयानदे कदे कयारण प्रश्नगत आददेश गदनयानांक 20.02.2025 कदे गविरूद्ध प्रस्ततुत स्थगन प्रयाथरनया पत्र गदनयानांक 17.03.2025 गनरस्त गकयया जयातया हहै। अविर न्ययाययालय कदे अगभिलदेख तलब कर पत्रयाविलल सतुनवियाई हदेततु गदनयानांक 16-4-2020 कको प्रस्ततुत ककी जयायदे।" 4. From perusal of the same, it is clear that no findings whatsoever has been recorded by the respondent no.4 while rejecting the application for grant of interim relief. It is settled law by the Hon'ble Apex Court in the case of Rayat Shikshan Sanstha Vs. Suneel Shiva Gaikwad reported in (2010) 15 SCC 539 that while granting or rejecting injunction recording of reasons is mandatory. This fact is also admitted by the counsel appearing on behalf of respondents. 5. In this view of the matter and also in the interest of justice, present writ petition is disposed of finally directing the respondent no.4-Deputy Commissioner (Food), Agra Division, Agra to pass fresh order on the application for grant of interim relief filed by the petitioner expeditiously and preferably within a period of eight weeks from today. 6. A mandamus is issued to the respondents to permit the petitioner to run his fair price shop for a period of two months or till the decision on the application for grant of interim relief, whichever is earlier. 7. It is made clear that any allotment made will be subject to the final outcome of the decision taken by the respondent no.4. Order Date :- 10.4.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad