TARUN AGARWALA,AJAY BHANOT,JJ. - (1.) The petitioner had filed writ petition in September, 2017 praying for the following reliefs: "A. Issue a writ order or direction in the nature of mandamus directing the respondent no.1 to make the appointment as vacant post of U.P Cold Storage Tribunal as soon as possible in accordance with law within reasonable time. B. Issue a writ order or direction in the nature of mandamus directing the respondent no.2 and 4, that no coercive action shall be taken against the petitioner till the disposal of appeal by the U.P.State Cold Storage Tribunal. C. Issue a writ order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. D. Award the cost to the petitioner."
(2.) The Court while entertaining the writ petition on 12.09.2017 passed an order, which is extracted hereunder: "One of the grievance of the petitioner is that the U.P. Cold Storage Tribunal is functioning on account of non-availability of Member since 2014. Learned Standing Counsel is directed to take instructions from the Secretary, Agriculture and intimate as to why the appointment is being made on the vacant posts. Put up this matter on Monday i.e. 18.09.2017."
(3.) Since no instruction was received by the learned Standing Counsel from the Secretary, Agriculture, the Court again passed an order on 18.09.2017 directing the learned Standing Counsel to ensure that an affidavit be filed by the Secretary, Agriculture. The order dated 18.09.2017 is extracted hereunder: "List this matter on 05.10.2017. In the meanwhile, learned Standing Counsel will ensure that the Secretary, Agriculture, Uttar Pradesh, Lucknow will file his affidavit.";