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2025 DAILYLAW 59908 (ALL)

SRIPAL v. STATE OF U.P. AND 2 OTHERS

WRIC/15754/2025 · 2025-05-16

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:82159 Court No. - 33 Case :- WRIT - C No. - 15754 of 2025 Petitioner :- Sripal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Kumar Gupta Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Vide order dated 30.12.2023 passed by the District Supply Officer, Hamirpur the fair price shop license of the petitioner was cancelled. Aggrieved against the aforesaid statutory appeal was preferred under Section 13 (1) of Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order 2016 before the respondent no.2. Since there was some delay an application for condonation was also filed. The application for condonation of delay in filing the appeal was rejected and consequently appeal filed by the petitioner was also rejected. 2. It is argued by counsel for the petitioner that without considering the averments made in the application filed for condonation of delay the order dated 30.12.2023 was passed by the respondent no.3 in an exparte manner and when petitioner came to know regarding the aforesaid order immediately appeal was filed by him. 3. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent-State. 4. In the facts and circumstances of the case, the Court is of the opinion that the facts as narrated by the petitioner for condonation of delay was not taken into consideration by the respondent no.2 while passing the order impugned. It is settled law that the authority /court be liberal in considering the application for condonation of delay. 5. In this view of the matter, the order dated 30.12.2023 passed by the District Supply Officer, Hamirpur is liable to be set aside and the same is hereby set aside. 6. The writ petition is allowed. 7. The respondent no.2-Commissioner, Chitrakoot Dham Mandal Banda, is directed to consider and decide the appeal filed by the petitioner against the order dated 30.12.2023 on merits by passing fresh order strictly in accordance with law most expeditiously and preferably within a period of three months from the date of receipt of certified copy of this order. Order Date :- 17.5.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad