ORDER

1. This petition under Article 226 of the Constitution of India has been filed seeking the following reliefs :-

(i) Issue a writ in the nature of certiorari and quash the order, dated 31.1.2024 (Annexure-P/4) and order dated 13.2.2024 (Annexure-P/6) passed by the respondent no. 4. (ii) A writ order or direction in the nature of mandamus directing the respondents to allow petitioner ware house to store the food grains in year for Rabi Marketing Season 2024-2025.

(iii) Any other order or orders that this Hon’ble Court deems fit and proper in the facts and circumstances of the case may also kindly be passed.

2. Against the order of black listing, the petitioner had already preferred an appeal which is pending before Managing Director, M.P. Warehousing and Logistic Corporation, Bhopal. It is submitted by counsel for the petitioner that although the appeal was filed on 13.2.2024 but no decision has been taken so far.

3. Per contra, it is submitted by counsel for the State that Senior officials are required to discharge more responsibility during on-going election process and on certain occasions, even they are sent as observer to different States, therefore, appeal could not be decided. The appellate authority has to give top most priority to election duty.

4. Considered the submissions made by counsel for the parties.

5. Election process for the Lok Sabha is going on and every senior officer must have been assigned election duties and they cannot be compelled to ignore their election duties for deciding the appeal filed by the petitioner.

Merely because the petitioner is likely to suffer some financial loss cannot be taken into consideration for bypassing statutory and constitutional duties to conduct fair election.

6. Under these circumstances, this Court is of the considered opinion that sufficient time must be given to the appellate authority to decide the appeal.

7. Accordingly, this petition is disposed of with a direction to Managing Director, M.P. Warehousing and Logistic Corporation, Bhopal to decide the appeal latest by 31st of July, 2024.

8. It is made clear that appellate authority shall decide the appeal strictly in accordance with law without getting influenced or prejudiced by the direction given by this Court.

(G.S. AHLUWALIA) JUDGE JITENDRA KUMAR Digitally signed by JITENDRA KUMAR PAROUHA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=PRINCIPAL BENCH INDORE, 2.5.4.20=a650f9cd964b96221568096ac01ab1bf019e0b76f6fc652f893c6324a2f64a PAROUHA 5a, postalCode=482001, st=Madhya Pradesh, serialNumber=627378D3EE51220F5E81130EECF5ABBEC55EBB6B78033E5FF10402 B19143AD99, cn=JITENDRA KUMAR PAROUHA Date: 2024.04.24 22:22:14 -07'00' JP