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2025 DAILYLAW 84610 (ALL)

PARASNATH GUPTA v. STATE OF U.P. AND 2 OTHERS

WRIC/26851/2025 · 2025-08-10

Prakash Padia

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:135036 Court No. - 33 Case :- WRIT - C No. - 26851 of 2025 Petitioner :- Parasnath Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadh Behari Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondent-State and perused the record. 2. The petitioner has preferred present writ petition inter-alia with the following prayers :- "i) issue writ, order or direction in the nature of mandamus commanding the respondent no.2 to decide the Appeal No. 1814 of 2022 filed by the petitioner before the respondent no.2 within a fix period. ii) issue writ, order or direction in the nature of mandamus commanding the respondent no.2 to pass an appropriate order within a fix period on the appeal No. 1814 of 2022 filed against t he order dated 17.10.2022 within a fix period." 3. An order dated 17.10.2022 was passed by the respondent no.3- Sub Divisional Magistrate, Bhatpar Rani, Tehsil-Bhatpar Rani, Deistrict Deoria by which fair price shop license of the petitioner was cancelled. Aggrieved against the aforesaid petitioner filed statutory appeal before the respondent no.2 namely Joint Commissioner/Khadyan Avam Rasad (Food & Public Distribution), Gorakhpur Division, Gorakhpur which was numbered as Appeal No.1841 of 2022. 4. It is argued by counsel for the petitioner that though a considerable time has lapsed but till date no final decision has been taken in the matte. 5. On the other hand it is argued by learned Standing Counsel that respondent no.2 will decide the aforesaid appeal expeditiously. 6. With the consent of learned counsel for the parties, present writ petition is being disposed of at the admission stage. 7. In the facts and circumstances of the case, present petition is disposed of finally directing the respondent no.2 to decide the aforesaid appeal strictly in accordance with law most expeditiously and preferably within a period of three months but without granting unnecessary adjournment unless there is no legal impediment. Order Date :- 11.8.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad