Disposed¶9

Sukhveer Singh v. State of U.P. and 2 Others

Allahabad HC10 Dec 2020WRIC/18305/2020

Case brief

AI extract

What is this about?

Fair price shop licence cancellation challenged by writ petition before High Court Allahabad; petition disposed of on the ground of available statutory alternative remedy (appeal); appellate authority directed to decide accompanying stay application within six weeks of filing, ignoring delay and laches, after hearing all stakeholders. Bench: Mahesh Chandra Tripathi, J.; decided 10.12.2020; WRIT - C No. 18305 of 2020; petitioner Sukhveer Singh v. State of U.P. and 2 others.

What did the court decide?

Writ petition disposed of finally with the consent of parties; if the petitioner files an appeal with a stay application within two weeks, the appellate authority is to decide the stay application on its own merit within a further six weeks, ignoring delay and laches, after affording opportunity to all stakeholders. ¶9

Sukhveer Singh Vs State of U.P. and 2 Others — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ petition is maintainable when the petitioner has an efficacious statutory alternative remedy (appeal) against the impugned order cancelling his fair price shop licence.

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Court's answer

Once an efficacious alternative remedy is available to the petitioner, there is no reason or occasion to bypass the statutory forum, and the writ petition is liable to be dismissed on the ground of statutory alternative remedy.

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Ratio / Principle

With the consent of the parties, the writ petition was disposed of finally with the direction that if the petitioner prefers an appeal along with a stay application within two weeks, the appellate authority shall decide the stay application on its own merit within a further six weeks, ignoring delay and laches in filing it, but after affording opportunity to all stakeholders.

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Detailed headnote1 paragraphs

Allahabad High Court (Mahesh Chandra Tripathi, J.) disposed of a writ petition (WRIT - C No. 18305 of 2020) assailing the order dated 26.8.2020 of the second respondent cancelling the petitioner's fair price shop licence. On the objection of the Additional Chief Standing Counsel, the Court held that where an efficacious statutory alternative remedy (appeal) is available, there is no reason or occasion to bypass the statutory forum and the writ petition is liable to be dismissed on the ground of statutory alternative remedy. With the consent of the parties, the petition was disposed of finally with a direction that if the petitioner preferred an appeal with a stay application within two weeks, the appellate authority would decide the stay application on its own merit within a further six weeks, ignoring delay and laches, after affording opportunity to all stakeholders.

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Court No. - 71

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Case :- WRIT - C No. - 18305 of 2020

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Petitioner :- Sukhveer Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Upendra Upadhyay Counsel for Respondent :- C.S.C.,Krishna Kant Singh

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the petitioner and Sri Sanjay Kumar Singh, learned Standing Counsel for the State-respondent.

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By means of the present writ petition, petitioner is assailing the order impugned dated 26.8.2020 passed by the second respondent whereby licence of fair price shop of the petitioner has been cancelled.

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Learned Additional Chief Standing Counsel raised an objection regarding maintainability of the writ petition on the ground that against the order impugned, the petitioner has got efficacious alternative remedy to file an appeal and as such the present writ petition is liable to be dismissed on the ground of statutory alternative remedy.

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Once an objection is being raised, the Court has proceeded to examine the record and the Court is of the considered opinion once the efficacious alternative remedy is available to the petitioner, there is no reason or occasion to bypass the statutory forum and the writ petition is liable to be dismissed on the ground of statutory alternative remedy.

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In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition is disposed of finally with the direction that in case any such appeal is being preferred by the petitioner along-with stay application within two weeks from today, the appellate authority would proceed to decide the stay application on its own merit within further six weeks time ignoring the delay and laches in filing the same but certainly after affording opportunity to all stakeholders in the matter.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 10.12.2020 A.K.Srivastava

Sukhveer Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Sukhveer Singh v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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