Harkishan v. State of U.P. and Another) which was finally disposed of by this Court vide

1. Heard Shri Monoj Dubey along-with Shri Pramod Kumar Pandey, learned counsel for the petitioner, learned Standing Counsel appearing on behalf of Respondent Nos. 1 to 4, Shri Deepak Gaur, learned counsel appearing on behalf of Respondent No.5 and Shri H.L. Pandey, learned counsel appearing on behalf of Respondent No.6.

2. The petitioner has preferred the present writ petition inter-alia with the prayer to quash the order dated 07.07.2025 passed by the Respondent No.4 namely Up- ziladhikari Mahrauni, District Lalitpur by which the fair price shop has been allotted in favour of the respondent no.6.

3. It is argued that earlier when a proposal was made by the Gaon Sabha in favour of the aforesaid respondent on 11.04.2025, the petitioner approached this Court by filing Writ C No. 21025 of 2025 in which the following order was passed on 16.07.2025:- "1. Pursuant to the order dated 08.07.2025, instructions dated 10.07.2025 under signature of District Magistrate, Lalitpur was placed before the Court, same is taken on record. Copy of the same is also provided to counsel for the petitioner.

2. It is argued by Sri Deepak Gaur, learned counsel for the respondent no.5 that the respondent no.5 will not proceed pursuant to the proposal dated 11.04.2025 till the pendency of the appeal filed by the petitioner before the appellate authority.

3. Respondent no.6-Smt. Jayanti, Gram Pradhan, is also present before this Court.

4. On the basis of oral instructions received from the respondent no.6-Gram Pradhan, it is argued that respondent no.6 will not proceed further pursuant to the aforesaid proposal dated 11.04.2025.

5. Heard learned counsel for the parties and perused the record.

6. Since respondent no.6 has already taken a decision that she will not go ahead with the order dated 11.04.2025 hence no further order is required to be passed.

7. In view of the same, present writ petition is dismissed as having become infructuous. The appearance of respondent no.6-Gram Pradhan is exempted. "

4. It is argued that inspite of the same, order dated 07.07.2025 passed by the Respondent No.4 which is not only illegal but contemptuous in nature.

5. On the other hand it is argued by the learned Standing Counsel as well as Shri Deepak Gaur, learned counsel for the respondents that on that particular date the aforesaid writ petition was disposed of, the respondent have no knowledge regarding the order dated 07.07.2025 and that is why this fact is not brought on record.

6. It is argued by the counsel appearing on behalf of Respondent No.6 that order impugned has already been implemented and as on date the respondent no.6 is running the fair price shop.

7. Heard counsel for the parties and perused the record.

8. With the consent of the counsel for the parties, the present writ petition is disposed of at the admission stage itself.

9. From perusal of the record as stated above it is clear that the order passed by the Respondent No.4 dated 07.07.2025 was not brought on record before this Court by the Respondents. It further appears that the fair price shop license of the respondent no.6 was cancelled vide order dated 07.10.2024 passed by the District Supply Officer, Lalitpur.

10. Aggrieved against the aforesaid the petitioner has preferred the writ petition being Writ C No.10315 of 2025 (Harkishan vs. State of U.P. and Another) which was finally disposed of by this Court vide judgment and order dated 09.04.2025.

11. By the aforesaid judgment, the appellate authority namely Additional Commissioner, (Administration), Jhansi Division, District Jhansi was directed to decide the appeal filed by the petitioner within a period of three months. Order reads as follows:- "1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent-State.

2. The only prayer made by counsel for the petitioner is to direct the respondent no.2- Additional Commissioner (Administration), Jhansi Division, Jhansi to decide Appeal No.-1274 of 2024, Computerize Case no.-C202406000001274 (Harkishan vs. State of U.P.) Under Section 13 (1) of U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order 2016 expeditiously.

3. It is argued by learned counsel for the petitioner that against the order dated 07.10.2024 passed by the District Supply Officer, Lalitpur, petitioner, who is fair price shop dealer has filed an appeal being Appeal No.-1274 of 2024, Computerize Case no.-C202406000001274 (Harkishan vs. State of U.P.), which was duly entertained by the respondent no.2 on 07.11.2024. It is further argued that various dates were fixed in the appeal but till date no decision has been taken in the matter.

4. It is argued by learned Standing Counsel that respondent no.2 will decide the appeal expeditiously.

5. With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.

6. Taking into consideration the nature of relief sought by the petitioner and without dwelling upon the merit of the matter, the petition is disposed of finally with the direction to respondent no.2-Additional Commissioner (Administration), Jhansi Division, Jhansi to decide the appeal preferred by the petitioner within a period of three months from the date of receipt of certified copy of this order. "

12. It is argued that though the aforesaid period has already been lapsed but till date no final decision has been taken.

13. In this view of the matter and also in the interest of justice and without interfering with the order dated 07.07.2025 passed by the Respondent No.4, the present writ petition is disposed of finally directing the Respondent No. 2 namely Additional Commissioner, (Administration), Jhansi Division, District Jhansi to comply with the order dated 09.04.2025 passed by this Court in Writ C No.10315 of 2025 as quoted above, positively within a period of four weeks from today.

14. Order dated 07.07.2025 passed by the Respondent No.4, will be subject to the final outcome of the decision taken by the Respondent No.2 namely Additional Commissioner, (Administration), Jhansi Division, District Jhansi.

15. Registrar (Compliance) is directed to communicate the copy of this order to the Respondent No.2, namely Additional Commissioner, (Administration), Jhansi Division, District Jhansi through Commissioner, Jhansi Division, Jhansi forthwith. Order Date :- 14.8.2025 Swati SWATI PATHAK High Court of Judicature at Allahabad

1. Heard Shri Monoj Dubey along-with Shri Pramod Kumar Pandey, learned counsel for the petitioner, learned Standing Counsel appearing on behalf of Respondent Nos. 1 to 4, Shri Deepak Gaur, learned counsel appearing on behalf of Respondent No.5 and Shri H.L. Pandey, learned counsel appearing on behalf of Respondent No.6.

2. The petitioner has preferred the present writ petition inter-alia with the prayer to quash the order dated 07.07.2025 passed by the Respondent No.4 namely Up- ziladhikari Mahrauni, District Lalitpur by which the fair price shop has been allotted in favour of the respondent no.6.

3. It is argued that earlier when a proposal was made by the Gaon Sabha in favour of the aforesaid respondent on 11.04.2025, the petitioner approached this Court by filing Writ C No. 21025 of 2025 in which the following order was passed on 16.07.2025:- "1. Pursuant to the order dated 08.07.2025, instructions dated 10.07.2025 under signature of District Magistrate, Lalitpur was placed before the Court, same is taken on record. Copy of the same is also provided to counsel for the petitioner.

2. It is argued by Sri Deepak Gaur, learned counsel for the respondent no.5 that the respondent no.5 will not proceed pursuant to the proposal dated 11.04.2025 till the pendency of the appeal filed by the petitioner before the appellate authority.

3. Respondent no.6-Smt. Jayanti, Gram Pradhan, is also present before this Court.

4. On the basis of oral instructions received from the respondent no.6-Gram Pradhan, it is argued that respondent no.6 will not proceed further pursuant to the aforesaid proposal dated 11.04.2025.

5. Heard learned counsel for the parties and perused the record.

6. Since respondent no.6 has already taken a decision that she will not go ahead with the order dated 11.04.2025 hence no further order is required to be passed.

7. In view of the same, present writ petition is dismissed as having become infructuous. The appearance of respondent no.6-Gram Pradhan is exempted. "

4. It is argued that inspite of the same, order dated 07.07.2025 passed by the Respondent No.4 which is not only illegal but contemptuous in nature.

5. On the other hand it is argued by the learned Standing Counsel as well as Shri Deepak Gaur, learned counsel for the respondents that on that particular date the aforesaid writ petition was disposed of, the respondent have no knowledge regarding the order dated 07.07.2025 and that is why this fact is not brought on record.

6. It is argued by the counsel appearing on behalf of Respondent No.6 that order impugned has already been implemented and as on date the respondent no.6 is running the fair price shop.

7. Heard counsel for the parties and perused the record.

8. With the consent of the counsel for the parties, the present writ petition is disposed of at the admission stage itself.

9. From perusal of the record as stated above it is clear that the order passed by the Respondent No.4 dated 07.07.2025 was not brought on record before this Court by the Respondents. It further appears that the fair price shop license of the respondent no.6 was cancelled vide order dated 07.10.2024 passed by the District Supply Officer, Lalitpur.

10. Aggrieved against the aforesaid the petitioner has preferred the writ petition being Writ C No.10315 of 2025 (Harkishan vs. State of U.P. and Another) which was finally disposed of by this Court vide judgment and order dated 09.04.2025.

11. By the aforesaid judgment, the appellate authority namely Additional Commissioner, (Administration), Jhansi Division, District Jhansi was directed to decide the appeal filed by the petitioner within a period of three months. Order reads as follows:- "1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent-State.

2. The only prayer made by counsel for the petitioner is to direct the respondent no.2- Additional Commissioner (Administration), Jhansi Division, Jhansi to decide Appeal No.-1274 of 2024, Computerize Case no.-C202406000001274 (Harkishan vs. State of U.P.) Under Section 13 (1) of U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order 2016 expeditiously.

3. It is argued by learned counsel for the petitioner that against the order dated 07.10.2024 passed by the District Supply Officer, Lalitpur, petitioner, who is fair price shop dealer has filed an appeal being Appeal No.-1274 of 2024, Computerize Case no.-C202406000001274 (Harkishan vs. State of U.P.), which was duly entertained by the respondent no.2 on 07.11.2024. It is further argued that various dates were fixed in the appeal but till date no decision has been taken in the matter.

4. It is argued by learned Standing Counsel that respondent no.2 will decide the appeal expeditiously.

5. With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.

6. Taking into consideration the nature of relief sought by the petitioner and without dwelling upon the merit of the matter, the petition is disposed of finally with the direction to respondent no.2-Additional Commissioner (Administration), Jhansi Division, Jhansi to decide the appeal preferred by the petitioner within a period of three months from the date of receipt of certified copy of this order. "

12. It is argued that though the aforesaid period has already been lapsed but till date no final decision has been taken.

13. In this view of the matter and also in the interest of justice and without interfering with the order dated 07.07.2025 passed by the Respondent No.4, the present writ petition is disposed of finally directing the Respondent No. 2 namely Additional Commissioner, (Administration), Jhansi Division, District Jhansi to comply with the order dated 09.04.2025 passed by this Court in Writ C No.10315 of 2025 as quoted above, positively within a period of four weeks from today.

14. Order dated 07.07.2025 passed by the Respondent No.4, will be subject to the final outcome of the decision taken by the Respondent No.2 namely Additional Commissioner, (Administration), Jhansi Division, District Jhansi.

15. Registrar (Compliance) is directed to communicate the copy of this order to the Respondent No.2, namely Additional Commissioner, (Administration), Jhansi Division, District Jhansi through Commissioner, Jhansi Division, Jhansi forthwith. Order Date :- 14.8.2025 Swati SWATI PATHAK High Court of Judicature at Allahabad