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2025 DAILYLAW 80681 (ALL)

SAHNAWAJ v. STATE OF U.P. AND ANOTHER

WRIC/25174/2025 · 2025-07-30

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:127615 Court No. - 33 Case :- WRIT - C No. - 25174 of 2025 Petitioner :- Sahnawaj Respondent :- State of U.P. and Another Counsel for Petitioner :- Brijesh Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. The petitioner has preferred the present writ petition inter-alias with the prayer to quash the order dated 25.03.2025 passed by the Respondent No. 3 namely Sub-Divisional Magistrate, Tehsil- Bilari, District- Moradabad by which the Fair Price Shop License of the petitioner was cancelled. Further prayer has been made to direct the respondent no.2, Commissioner, Moradabad Mandal, Moradabad to decide the Appeal filed by the petitioner in the light of the judgment passed by this Court in the case of M/S Sajid vs. State of U.P. and others (Writ C No. 38609 of 2019). Further prayer has been made to direct the respondent no. 2 to decide the stay application of the petitioner. 2. Heard counsel for the parties and perused the record. 3. From perusal of the record, it transpires that Fair Price Shop License of the petitioner was suspended on 04.11.2024. Subsequently vide order dated 25.03.2025, the aforesaid license has been cancelled and one of the ground has been taken in the order of cancellation that F.I.R. has been lodged under Section 3/7 of the Indian Society Act, 1955. 4. Aggrieved against the aforesaid, statutory appeal as provided under Section 13(1) of U.P. Essential Commodities (Regulation of Sells and Distribution Control Order) 2016 was filed by the petitioner before the Respondent No. 2 namely Commissioner, Moradabad Mandal, Moradabad which was numbered as Case No. 695 of 2025. 5. It is argued that though along-with the said Appeal an application for interim relief was also filed but on the said application the next date fixed for hearing is 08.08.2025. 6. In this view of the matter, it is argued that the respondent No. 2, Commissioner, Moradabad Mandal, Moradabad be directed to pass appropriate orders on the application for the grant of interim relief filed by the petitioner along-with statutory appeal, expeditiously. 7. On the other hand, it is argued by the learned Standing Counsel that the respondent No. 2 will take a decision on the application for the grant of interim relief, if any pending before him, expeditiously. 8. Heard counsel for the parties and perused the record. 9. With the consent of the counsel for the parties, the present writ petition is disposed of finally, directing the Respondent No. 2, Commissioner, Moradabad Mandal, Moradabad to pass appropriate orders on the application for stay, if possible on the next date fixed in the matter i.e., 08.08.2025. If on account of any reason the same should not be decided on the said date, the respondent no. 2 will decide the same expeditiously and preferably within a period of two weeks thereafter. 10. Needless to say that respondent no. 2 will also decide the appeal of the petitioner strictly in accordance with law, expeditiously, unless there is no legal impediment. Order Date :- 31.7.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad