Court No. - 38 Case :- WRIT - C No. - 37485 of 2010 Petitioner :- Natthu Lal Respondent :- State Of U.P. & Others Petitioner Counsel :- Vishwa Pratap Singh Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Heard the learned counsel for the petitioner and the learned
Standing Counsel.
The petitioner was aggrieved by the cancellation of his license for
fair price shop. He challenged the order before the appellate
authority. He also made an application for interim relief with the
appeal. The appeal filed by the petitioner has been admitted but the
interim application of the petitioner has been rejected. The
petitoner aggrieved by the aforesaid order has filed the present writ
petition raising the grievance that as the stay application of the
petitioner has been rejected, therefore, now the steps are being
taken to allot the aforesaid shop to another person. If the third
party right is created, it will create to multiplicity of the
proceeding. As such the petitioner has prayed that till the decision
is taken by the appellate authority, the third party right may not be
created.
I have considered the submissions made on behalf of the petitioner
and perused the record. As the appeal filed by the petitioner is still
pending, therefore, the appellate authorty is directed to decide the
appeal filed by the petitioner within a period of two months strictly
in accordance with law.
It is further provided that till the decision is taken by the appellate
authority, no third party right will be created.
The writ petition is disposed of accordingly.
No order is passed as to costs.
Order Date :- 30.6.2010
V.Sri/-