Neutral Citation No. - 2025:AHC:129166 Court No. - 33 Case :- WRIT - C No. - 25467 of 2025 Petitioner :- Smt. Nagina Respondent :- State of U.P. and Another Counsel for Petitioner :- Manish Mishra,Shiv Kumar Mishra,Surendra Prasad Mishra Counsel for Respondent :- C.S.C.,Umesh Kumar Hon'ble Prakash Padia,J. 1. The fair price shop license of the petitioner was suspended by the Sub Divisional Officer, Hasanpur District Amroha by its order dated 04.09.2023 and subsequently, the same was cancelled on 18.12.2023. Aggrieved against the aforesaid statutory appeal as provided under Section 13(1) of U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 being Appeal No.35 of 2024 was filed by the petitioner before the respondent No.2/Commissioner Mordabad Mandal Moradabad. The aforesaid appeal was admitted and effect and operation of order dated 18.12.2023 & 04.09.2023 was stayed till 16.02.2024 by the respondent No.2. When the matter was taken up on 16.05.2025, the aforesaid interim order was vacated. The order dated 16.05.2025 passed by respondent no. 2 reads as follows:- पतत्रावलली प्रस्ततुत। इस न्यत्रायत्रालय दत्रारत्रा पत्राररत स्थगन आददेश ददनत्रानांक 12.01.2024 दनरस्त दकयत्रा जत्रातत्रा हहै। अपलीलकतत्रार्ता कदे दनदत्रान अधधिवकत्रा कदे भभौदतक अनतुररोधिपर पतत्रावलली ददनत्रानांक 23.05.2025 करो वत्रास्तदे बहस पदेश हरो। 2. It is settled law that while vacating the interim order, the Court must record reasons. While going through the order dated 16.05.2025, no reasons whatsoever have been assigned by the respondent No.2. The law in this connection is also well settled by the Supreme Court in the case of Rayat Shikshan Sanstha Vs. Suneel Shiva Gaikwad reported in (2010) 15 Supreme Court Cases 539. The Supreme Court was pleased to hold that it is a well settled preposition of law that when an order of injunction is passed, the Court is required to record the reasons. The operative portion of the aforesaid judgment is quoted below:- "It is a well settled preposition of law that when an order of injunction is passed, the Court is required to record the reasons. Similarly, when the Court feels that in the facts and circumstances of a particular case, order of injunction is not necessary, it must record the reasons for doing so, taking into consideration all the relevant factors, particularly the nature of the controversy involved. " 3. Insofar as the present case is concerned, it is clear from perusal of order dated 16.05.2025, the interim order granted in favour of the petitioner by the order dated 12.01.2024 was vacated without assigning any reasons whatsoever. 4. In this view of the matter and also in the interest of justice, the Court is of the opinion that the order dated 12.01.2024 is liable to be set aside and hereby set aside. 5. The Respondent no. 2/Commissioner Moradabad Mandal, Moradabad is directed to pass a fresh order on the interim relief application filed by the petitioner strictly in accordance with law most expeditiously and preferably within a period of two months from the today, unless there is no legal impediment. 6. For a period of three months or till the time appropriate orders passed by the Respondent no. 2 as stated above the impugned order dated 12.01.2024 will remain operative. Order Date :- 1.8.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad