BRIJESH KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER is aggrieved by an order of the Commissioner dated 22.4.2009 wherein the Appeal filed against the order of cancellation of fair price shop agency of the petitioner has been admitted for hearing but his interim stay application has been rejected. The order passed by the Commissioner is being challenged on the ground that it records absolutely no reason as to why interim stay application has to be rejected. The contention raised on behalf of the petitioner appears to be correct. Normally this Court would have asked the Commissioner to decide the interim stay application afresh, however such a course is not being adopted in the facts of this case as interest of substantial justice would be served by providing that the Appeal itself may be finally decided on merits in a time bound manner. Accordingly this writ petition is disposed of with a direction upon the Commissioner to decide the Appeal finally within two months from the date a certified copy of this order is filed before him. The Commissioner shall pass a reasoned speaking order strictly in accordance with law. During this period no third party rights shall be created. Writ petition stands disposed of.