Sandeep Kumar & Ors. vs The Appellate Authority, Department Of Food Civil Supplies Amd Consumer Affairs, Punjab & Anr.

SANDEEP MOUDGIL, J (ORAL)

The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of mandamus directing the respondents not to effect recovery from the petitioner(s) pending the decision of the application for stay made in the appeal dated 10.08.2026 (P-2) pending before respondent No.1 filed by the petitioner(s) against orders dated 20.07.2026/21.07.2026 (P-1) passed by respondent No.2 with further prayer to stay the recovery from the petitioner(s).

Learned counsel for the petitioner(s), at the outset, submits that he would be satisfied if a direction is issued to respondent No.1 to consider and decide the statutory appeal dated 10.08.2026 (Annexure P-2) by passing a reasoned and speaking order within a stipulated time. He further prays that, till the final disposal of the aforesaid statutory appeal, no recovery be effected from the petitioner(s).

Notice of motion.

Since the State/respondents had been served with an advance copy of the petition, Mr. TPS Walia, AAG Punjab, has put in appearance and submits that he has no objection if respondent No.1 is directed to consider and decide the statutory appeal dated 10.08.2026 (Annexure P-2) within a time-bound period.

In view of the limited prayer made by learned counsel for the petitioners, and without expressing any opinion on the merits of the case, the present writ petition is disposed of with a direction to respondent No.1 to consider and decide the statutory appeal dated 10.08.2026 (Annexure P-2) by passing a reasoned and speaking order, within a period of three months from the date of receipt of a certified copy of this order. The order so passed be supplied to the petitioner(s) within one week thereafter.

Since the statutory appeal preferred by the petitioner(s) is still pending consideration, it is directed, in the interest of justice, that no further recovery shall be effected from the petitioner(s) till the final disposal of the said appeal.