JUDGMENT By the Court.—Heard Sri R. C. Pathak learned counsel for the petitioner, Sri H. P. Srivastava, learned Additional Chief Standing Counsel for the State of U.P. and Sri Pratyush Tripathi learned counsel for the Union of India. With the consent of parties, we proceed to decide the present writ petition finally at the admission stage. 2. The brief matrix of the present controversy relates to a pending appeal filed by the petitioner before the Cold Storage Tribunal, U.P. Lucknow established in pursuance to provision contained in U.P. Regulation of Cold Storage Act 1976. 3. Submission of the petitioner’s counsel is that he has preferred a statutory appeal before the Tribunal on 5.1.2010 under the U.P. Regulation of Cold Storages Act, 1976. However, the application for interim relief could not be taken up since the members of the Tribunal are not available. 4. It has been stated that since 9.3.2010, the Tribunal is not functional on account of absence of members. The submission is that irreparable loss and injury would be caused to the petitioner in case this Court does not stay the recovery proceedings, which has been initiated in pursuance to impugned order, which is subject matter of the appeal pending before the Tribunal. 5. We had directed the learned Standing Counsel to receive instruction why the members for the Tribunal in question have not been appointed. In spite of repeated orders passed by this Court, neither Standing Counsel nor Assistant Solicitor General of India could receive any instruction. 6. It appears that the respondents are not conscious to the plight of the litigant whose matter is pending with the Tribunal. Section 35 of the Act provides the persons, who shall be member of the Tribunal. For convenience, Section 35 of the Act is reproduced as under : “35. Constitution of Tribunal.—There shall be Tribunal consisting of the following members namely— (a)The Agricultural Marketing Adviser the Government of India who shall be the Chairman; (b) the Legal Remembrance to the Government of Uttar Pradesh Officer of his department nominated by him not below the rank of Joint Legal Remembrance; (c) the Secretary to the Government in the Agriculture Department or an officer of that department nominated by him not below the rank of Joint Secretary.” 7. In the absence of member appointed for the purpose, the Tribunal is not functional. In the absence of member appointed for the purpose, the Tribunal is not functional. It is statutory duty of the State of U.P. as well as the Union of India to fill up the vacancies within the reasonable period. Once the retirement of an officer is known or an officer is transferred from the Tribunal to other place, then it shall be incumbent upon the State Government and the Central Government to fill up the vacancies immediately. The aims and objects of the Act is for licensing, supervision and control of Cold Storage in the State of U.P. and for matters connected therewith. In the absence of members constituting Tribunal, litigants have no option but to approach this Court under Articles 226 and 227 of the Constitution of India. 8. We feel that State of U.P. as well as Government of India has failed to discharge the statutory duty in not filling the vacancy of the Tribunal. On account of failure on the part of the respondents, we are of the view that a direction may be issued to fill up the vacancy within a reasonable period to safeguard the litigant’s interest. Keeping in view the facts and circumstances of the case and public interest involved, we mould the relief with regard to filling up the vacancy of the Tribunal. 9. Accordingly, we allow the writ petition and a writ in the nature of mandamus is issued directing the opposite parties to fill up the vacancy of the Tribunal keeping in view the provision contained in Section 35 of the U.P. Regulation of Cold Storage Act 1976 and other law time being in force expeditiously preferably within a period of two months. The recovery proceedings shall remain suspended till the disposal of the interim relief application by the Tribunal, whenever it is duly constituted. 10. The registry shall send the copy of this order to the Chief Secretary, Government of U.P. as well as Secretary, Government of India, Agricultural Department within a week. 11. Let compliance report be filed to this Court within three months from today. The learned Standing Counsel as well as the Assistant Solicitor General of India shall also informed to the respective authorities accordingly. With the aforesaid direction the writ petition is allowed. No costs. ————