- (1.) The petitioners had earlier filed a Writ Petition before this Court being Civil Misc. Writ Petition No. 65813 of 2010 in regard to their grievances against an order dated 13.10.2010 passed by the authority concerned under Section 24 of the U.P. Regulation of Cold Storages Act, 1976. The said Writ Petition was disposed of by a Division Bench of this Court on 9.11.2010 giving following directions : " Against this background, we are of the view that the Writ Petition can be disposed of and it is, accordingly, disposed of with a direction upon the petitioner to make a reference to the Licensing Authority under Section 25 of the Act within a week from the date of obtaining certified copy of the order when the authority after giving fullest opportunity of hearing pass an order in this regard within a period of one month from the date of reference and in case the petitioner is aggrieved he will proceed before the Appellate Forum under Section 36 of the Act. In any event, implementation of the order impugned will be subject to the decision to be taken immediately by the authority concerned and the Appellate Authority, if filed, within time prescribed under law. No order is passed as to costs. "
(2.) The petitioners have averred in the present Writ Petition that pursuant to the said order dated 9.11.2010 passed by this Court, the District Magistrate/Licensing Officer, Cold Storages, Aligarh passed an order dated 31.12.2010 under Section 25 of the aforesaid Act. Copy of the order dated 31.12.2010 has been filed as Annexure 5 to the present Writ Petition.
(3.) It is further averred by the petitioners that against the said order dated 31.12.2010, the petitioners filed an appeal under Section 36 of the aforesaid Act on 28.1.2011.;