Court No. - 21 Case :- WRIT - C No. - 42825 of 2010 Petitioner :- Dhruv Chand Respondent :- State Of U.P. & Another Petitioner Counsel :- R.B. Yadav Respondent Counsel :- C.S.C.,Mahesh Narain Singh Hon'ble V.K. Shukla,J.
Petitioner’s fair price shop has been cancelled on 25.11.2009. Against
the said order petitioner has preferred Appeal alongwith stay
application. Appellate authority seeing primafacie allegation levelled
against the petitioner has proceeded to refuse to accord interim
protection in favour of the petitioner by giving reason fixing 16.02.2010
for hearing of Appeal in question. Petitioner is aware of the next date
fixed in the matter.
Once Appellate authority seeing primafacie allegation levelled against
the petitioner has proceeded to refused to accord interim protection in
favour of the petitioner then there is no occasion for this Court to take
different view then the view taken by Appellate Authority.
Consequently, it would be much more expedient that Appellate
authority shall proceed to decide the said appeal on the date fixed and
in case it is not feasible to decide on the next date fixed then all attempt
and endeavour shall be made to decide the same preferably within eight
weeks from the date of presentation of certified copy of this order.
However it is clarified that in case in between any third party right
created during this period same shall abide by final outcome of the
appeal.
With the above direction present writ petition is disposed of.
Order Date :- 23.7.2010
Dhruv