Neutral Citation No. - 2025:AHC:107005 Court No. - 33 Case :- WRIT - C No. - 21024 of 2025 Petitioner :- M/S Mohd. Hazi Iqbal Respondent :- State Of Uttar Pradesh And Another Counsel for Petitioner :- Sanjay Kumar Pandey,Satyawan Shahi Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Counsel for the petitioner is permitted to implead Commissioner, Meerut Division, Meerut as respondent no.3 during course of the day. 2. The fair price shop license of the petitioner was cancelled by the District Supply Officer, Meerut vide order dated 31.01.2019 on the ground that FIR has been lodged against the petitioner under Section 3/7 of U.P. Essential Commodities Act, 1955. 3. It is argued by counsel for the petitioner that preliminary enquiry was not conducted as condition precedent before passing such an order. It is further argued that the aforesaid decision taken by the respondent no.2-District Supply Officer, District Meerut is per-se illegal and also in violation of Government Order dated 05.08.2019 as well as law laid down by the Full Bench of this Court in the case of Misc. Single No. 8033 of 2013 delivered on 26.10.2017 Bajrangi Tiwari Vs. The Commissioner Devi Patan Mandal Gonda And Another. 4. Aggrieved against the aforesaid statutory appeal as provided under Clause 13(2) of U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 was preferred by the petitioner being numbered as Appeal No.52 of 2019. 5. It is argued by counsel for the petitioner that the aforesaid appeal is still pending consideration and during pendency of the aforesaid appeal now fresh notification was issued and aforesaid shop was advertised by the respondent no.2 vide fresh notification dated 22.04.2025. Aggrieved against the aforesaid petitioner has preferred present writ petition. It is argued that on the one hand respondents are not deciding the statutory appeal preferred by the petitioner for last more than five years and on the other hand taking advantage of the cancellation of the fair price shop license of the petitioner they issued fresh notification regarding the allotment of aforesaid fair price shop. 6. In this view of the matter, it is argued that the decision taken by the respondent no.2 for advertisement of the allotment of fair price shop in respect of which the appeal preferred by the petitioner is pending consideration is bad in the eyes of law. 7. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents-State and perused the records. 8. It is clear from perusal of the record that the appeal preferred by the petitioner is still pending consideration before the Divisional Commissioner. During pendency of aforesaid appeal advertisement has been issued for fair price shop license of the petitioner. 9. In this view of the matter, the Court is of the opinion that the decision taken by the respondent no.2 for advertisement made in respect of fair price shop license of the petitioner contained at serial no.8 is liable to be set aside and the same is hereby set aside. 10. The writ petition is allowed. 11. In the facts and circumstances of the case and also in the interest of justice, the newly added respondent no.3- Commissioner, Meerut Division, Meerut is further directed to decide the statutory appeal filed by the petitioner being Appeal No.52 of 2019 most expeditiously and positively within a period of 60 days from today strictly in accordance with law. 12. Registrar (Compliance) is directed to communicate copy of this order to Commissioner, Meerut Division, Meerut within three days. Order Date :- 8.7.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad