Court No. - 3 Case :- WRIT - C No. - 7306 of 2007 Petitioner :- Uma Shekhar Pathak Respondent :- State Of U.P. Thru' Secry. Food & Civil Supp. And Others Petitioner Counsel :- S.S.P. Gupta Respondent Counsel :- C.S.C.,Anuj Kumar Hon'ble Amitava Lala,J.
Hon’ble Shri Kant Tripathi,J.
None appeared on behalf of the petitioner on the repeated calls.
Heard Sri Ramanand Pandey, learned Standing Counsel appearing for
the State respondents, and Sri V.K. Chandel, learned Counsel appearing for
the respondent no. 4.
Learned Counsel appearing for the State and the contesting respondent
both have contended before this Court that under paragraph-28 of the Uttar
Pradesh Scheduled Commodities Distribution Order, 2004 there is a provision
of appeal. The petitioner filed the writ petition and obtained an interim order
from this Court and simultaneously an appeal had been filed, which was
subsequent withdrawn. According to us, since there is a clear provision of
appeal, there is neither any question of continuing with the matter with
interim order or withdrawing the appeal. If the petitioner is entitled to have
any order, he can proceed with the appeal, if so advised, to have hearing on
merits as early as possible. Hence, the writ petition is dismissed, however,
without imposing any cost. Interim order, if any, stands vacated.
Order Date :- 18.1.2010
SKT/-