The petitioner, whose fair price shop licence was cancelled, filed a writ petition. This court held that the petitioner has an alternative remedy via appeal and allowed him to file the appeal on merits within one month from today.
Directed to file an appeal against the order of termination within one month for a decision on merits.
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Court No. - 45
Case :- WRIT - C No. - 12444 of 2018
Petitioner :- Radhey Shyam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satyawan Shahi Counsel for Respondent :- C.S.C.,Dharam Deo Chauhan,Ramesh Chandra Mishra
Hon'ble Ajay Bhanot,J.
Heard Sri Satyawan Shahi, learned counsel for the petitioner and learned Standing Counsel for the State.
The petitioner was a fair price shop dealer of Village Panchayat Pidari Kala, District Sant Kabir Nagar. The fair price shop licence of the petitioner was cancelled by order dated 5.3.2018.
Sri Satyawan Shahi, learned counsel for the petitioner contends that besides the issues of fact controversy engages an important question of law. The order of termination has been passed on the directions of the State Food Commission. The State Food Commission has exceeded its jurisdiction.
Per contra learned Standing Counsel Sri Sajay Ram Tripathi contends that petitioner has alternative and efficacious remedy of filing appeal under Section 13(1) of the The Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 201 6. He further contends that the order passed by the State Food Commission merely directed the respondent authorities to conduct an enquiry and did not in any way fetter its jurisdiction.
Sri Satyawan Shahi disputed the aforesaid submissions but contended that petitioner intends to raise these grounds
before the appellate authority. However, due to bona-fide legal advice the petitioner has filed the instant writ petition and approached this court directly. Consequently the filing of the appeal got delayed and now the appeal is barred by limitation. The only prayer made by the learned counsel for the petitioner is that the appeal may be decided on merits.
In view of the submissions advanced at the Bar, it is open to the petitioner to file an appeal against the order of termination of his fair price shop licence raising all the grounds within a period of one month from today. In case such appeal is filed within aforesaid period, the appellate authority shall decide the same on merits without going into question of delay.
It is clarified that in case, an appeal is not filed within the aforesaid period, the direction to decide the appeal shall stand recalled.
With aforesaid observations present writ petition stands disposed of.
Order Date :- 24.5.2018 Pramod
1 issue framed by the court
Whether the petitioner can file a regular appeal against the cancellation of his fair price shop licence despite the expiry of limitation period.
1 provisions across 1 enactments
Radhey Shyam
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
