Court No. - 21 Case :- WRIT - C No. - 3856 of 2010 Petitioner :- Ram Sakal Respondent :- State Of U.P. & Others Petitioner Counsel :- Kripa Shanker Singh Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Petitioner’s fair price shop licence has been cancelled. Appeal preferred
against the same has been entertained on 21.12.2009 by the appellate
authority and prima facie finding no good ground, the appellate authority
proceeded to reject the interim application, proceeded to summon the record
and fixed 30.12.2009 for hearing the appeal, but on the said date hearing
could not take place and the next fixed was 27.01.2010. On the said date also
no hearing took place and next date has been fixed in the appeal.
As cogent reasons were there with which the appellate was swayed away in
not extending the interim protection, this Court too refuses to interfere with
the said exercise of discretion , as the same is neither arbitrary nor
unreasonable.
Record in question reflects that next date has been fixed for hearing of the
appeal; the appellate authority is directed to decide the appeal on the said
date, but in case it is not feasible to decide the same on the date fixed, then all
endeavour be made to decide the appeal within next two months from the date
of receipt of a certified copy of the judgment.
It is made clear that in case any third party right is created during pendency of
appeal, the same shall be abide by the outcome of the appeal.
Subject to above observation, present writ petition is dismissed.
Order Date :- 28.1.2010
SRY