Petitioner challenged rejection of appointment as fair price shop agent. Court held writ petition not maintainable due to available alternative remedy but noted appellate authority must decide quickly on stay appeals.
Writ petition dismissed being not maintainable due to availability of alternative remedy.
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Court No. - 46
Case :- WRIT - C No. - 14426 of 2019
Petitioner :- Km. Laltesh Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Girish Kumar Yadav Counsel for Respondent :- C.S.C.,Amresh Singh
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri Siddharth Singh, learned Additional Chief Standing Counsel.
The petitioner being aggrieved by the order dated 12.03.2019 passed by respondent no.3, Sub Divisional Magistrate, Budaun has preferred the present writ petition.
By the order dated 12.03.2019 claim of petitioner being appointed as fair price shop agent of village Rasoolpur Kalan, Block Dahgavan, Tehsil Sehaswan, District Budaun has been rejected.
Sri Siddharth Singh, learned Additional Chief Standing Counsel submits that against the order impugned, the petitioner has alternative remedy under Section 13(3) Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016.
Thus, in view of above, the writ petition is not maintainable as there is alternative remedy available to the petitioner.
However, it is provided that in case, the petitioner prefers an appeal within a period of three weeks from today, the Appellate Authority shall decide the same on merits without entering into the question of limitation.
It is also provided that in case any stay application is filed by petitioner, the appellate authority shall make endevour to decide the same expeditiously, preferably within a period of three weeks from the date of filing the stay application.
The writ petition is disposed off subject to observation above.
Order Date :- 25.4.2019 Sattyarth
1 issue framed by the court
Whether writ petition is maintainable in light of alternative remedy available under Section 13(3) of the Uttar Pradesh Essential Commodities Order, 2016.
1 provisions across 1 enactments
Km. Laltesh
State Of U P
Saral Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
