Rajesh Singh Chauhan, J. - (1.) Heard Sri Satish Kumar Sharma, learned counsel for the petitioner and learned Standing counsel for opposite parties.
(2.) On 19.01.2018, the Court passed the following order:- "Heard Sri S.K. Sharma, learned counsel for the petitioner and learned Standing Counsel for the opposite parties. By means of this petition, the petitioner has assailed the order dated 09.01.2018 passed by the Sub Divisional Officer Biswan, District Sitapur, whereby the license of the fair price shop of the petitioner situated at Asaipur Vikash Khan Reula, Tehsil Bitwa, District Sitapur, has been cancelled which is contained as annexure no.1 to the writ petition. The submission of the learned counsel for the petitioner is that the fair price shop of the petitioner was suspended by the Sub Divisional Officer, Biswan, District Sitapur, vide order dated 10.04.2017 and said suspension order was assailed before the Appellate Authority by filing statutory appeal under Clause 13 (3) of U.P. Scheduled Commodities Distribution Order, 2016, on 26.10.2017. The learned counsel for the petitioner has drawn attention of this Court towards the order dated 01.12.2017 passed by the Appellate Authority, which is contained as annexure no.4 to the writ petition, whereby the original authority i.e. Sub Divisional Officer, Biswan, District Sitapur has been directed to produce relevant records of the issue by fixing the date as 17.01.2018. The Perusal of the aforesaid order dated 01.12.2017 reveals that this order is a reasoned order, whereby the Appellate Authority has submitted that the relevant records be made available so as to convince as to whether the requisite inquiry was conducted strictly in accordance with law or not ?. Learned counsel for the petitioner has duly intimated the aforesaid order dated 01.12.2017 to the Sub Divisional Officer concerned vide his representation dated 04.01.2018, which is duly received in the office of Sub Divisional Officer concerned. Learned counsel for the petitioner has further submitted that instead of making compliance of the order dated 01.12.2017 passed by the Appellate Authority, the Sub Divisional Officer passed the impugned order dated 09.01.2018 cancelling the license of the fair price shop of the petitioner. The perusal of the order dated 01.12.2017 passed by the Appellate Authority reveals that the next date was fixed on 17.01.2018, but after passing the impugned order dated 09.01.2018, the order of Appellate Court dated 01.12.2017 would be redundant. The aforesaid matter requires consideration. Learned Standing Counsel prays for and is granted a weeks' time to seek specific instructions in the matter. List on 29.01.2018 to enable the learned Standing Counsel to seek instructions in the matter, failing which the Sub Divisional Officer, Biswan, District Sitapur, shall appear in person along with record to assist the Court. Till the next date of listing the operation, implementation and enforcement of the order dated 09.01.2018 passed by the Sub Divisional Officer, Diswan, District Sitapur, which is contained as annexure no.1 to the writ petition shall remain stayed."
(3.) In compliance of the order dated 19.01.2018, the Sub Divisional Officer, Biswan, District- Sitapur has sent instructions to the office of Chief Standing counsel on 24.01.2018. The photocopy of the aforesaid instructions are taken on record.;