Court No. - 36 Case :- WRIT - C No. - 40508 of 2010 Petitioner :- Jai Prakash Gupta Respondent :- State Of U.P. & Ors. Petitioner Counsel :- B.B. Yadav Respondent Counsel :- C.S.C. Hon'ble Sheo Kumar Singh,J.
Hon’ble Rajesh Chandra,J.
Heard learned counsel for the petitioner and learned Standing
Counsel.
Prayer in this petition has been made that Sub Divisional
Magistrate, Jamania district Ghazipur may be directed to take
action on the application dated 22.6.2009 moved by petitioner in
pursuance of order dated 24.7.2009 passed by the learned Deputy
Commissioner (Food) Varanasi Region, Varanasi in Appeal No.91
of 2008 within a stipulated period fixed by the Court.
The learned counsel for the petitioner contended that an appeal
was filed by him against the order dated 2.2.2008 passed by the
Sub Divisional Magistrate, Jamania district Ghazipur before the
Deputy Commissioner (Food), Varanasi Region, Varanasi which
appeal was allowed on 24.7.2009. The Deputy Commissioner
directed the Sub Divisional Magistrate to dispose of the matter on
merit after giving the opportunity of producing evidence as well as
the opportunity of hearing.
We have heard and considered over the matter which is pending
before the Sub Divisional Magistrate for decision. We hereby
direct the Sub Divisional Magistrate, Jamaniya, district Ghazipur
to dispose of the matter in the light of the order of the Deputy
Commissioner (Food), Varanasi Region, Varanasi dated 24.7.2009
preferably within a period of three months from the date of receipt
of the move.
It is made clear that this Court has not examined the merits of the
matter and has not expressed any opinion on merits, and therefore,
it will be independent exercise of the concerned authority to take
decision in accordance with law.
With the aforesaid direction, this writ petition stands disposed of.
Order Date :- 15.7.2010
SFH