WA/2488/2005 of Prem Singh Vs Ismail, on 29 December 2005

Conclusion

THE HON'BLE SRI JUSTICE BILAL NAZKI

AND

THE HON’BLE SRI JUSTICE C.V.RAMULU

WRIT APPEAL NO.2488 OF 2005

Date: 29-12-2005

Between

Prem Singh … Appellant

And

Ismail and others … Respondents

THE HON'BLE SRI JUSTICE BILAL NAZKI

AND

THE HON’BLE SRI JUSTICE C.V.RAMULU

WRIT APPEAL NO.2488 OF 2005

J U D G M E N T (Per the Hon’ble Sri Bilal Nazki, J):

Heard learned counsel for the parties.

The writ petitioner/first respondent was a Fair Price Shop dealer and hisauthorization was suspended. He filed an appeal and also obtained stay of thesuspension. Subsequently, the appellate authority without disposing of the appeal,vacated the stay. Aggrieved by the same, he filed a writ petition beingW.P.No.10141 of 2005 before this Court. The learned Single Judge disposed of thewrit petition on 27-06-2005 directing the appellate authority to dispose of the appealand also granted stay of the suspension order till the appeal was decided.Thereafter, the appeal was disposed of by the appellate authority remanding thematter to the Revenue Divisional Officer, and the Revenue Divisional Officercancelled the authorization of the first respondent as Fair Price Shop Dealer. Againan appeal was filed by the first respondent. He also filed an application for stay,which was rejected. Against that order, W.P.No.24913 of 2005 was filed. Thelearned Single Judge found, prima facie, that no show cause notice had been givento the first respondent and charges had not been framed, therefore, he granted stayduring pendency of the appeal. Against this order, the present writ appeal has beenfiled.

Since the writ petitioner/first respondent had shown a prima facie case,therefore, the learned Single Judge was right in granting stay till the appeal wasdisposed of. The appellant, however, submits that there are certain observationsmade in the order by the learned Single Judge, which may effect the outcome of theappeal. In these circumstances, we make it clear that the appellate authority shallnot go by the observations made by the learned Single Judge while decidingW.P.No.24913 of 2005 and shall decide the appeal on merits without beinginfluenced by any of the observations made by this Court. The stay granted by thelearned Single Judge, at this stage, cannot be vacated in view of the reasons givenby us hereinabove.

The writ appeal is accordingly disposed of and the appellate authority isdirected to decide the appeal of the first respondent within a period of three weeksfrom the date of receipt of a copy of this order. No order as to costs.

_____________________

(Bilal Nazki, J)

29[th] December, 2005

___________________

(C.V.Ramulu,J)

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