Rakesh Srivastava, J. - (1.) The Fair Price Shop license of the petitioner was cancelled by the Sub Divisional Officer. The appeal preferred by the petitioner under Clause 13(3) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 against the said order was admitted by the Appellate Authority. However, the application for interim relief moved by the petitioner alongwith the said appeal was rejected.
(2.) The order passed by the Appellate Authority, to the extent it relates to the rejection of the application for interim relief, is under challenge in the present writ petition.
(3.) The learned counsel for the petitioner has vehemently submitted that once the appeal preferred by the petitioner was admitted, judicial approach required that during the pendency of the appeal the operation of the order under challenge in the said appeal having serious civil consequences ought to have been suspended. In support of his contention, the learned counsel has placed reliance upon the decision of the Apex Court in Mool Chand Yadav & Anr. v. Raza Buland Sugar Co. Ltd., Rampur & Ors., 1982 3 SCC 484.;