Holding that writ petition challenging fair price shop licence cancellation is not maintainable as efficacious alternative remedy of appeal to Commissioner is available, petition disposed of with observation to file appeal.
Writ petition disposed of with direction to file appeal within ten days before Commissioner of Division.
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Court No. - 71
Case :- WRIT - C No. - 20549 of 2020
Petitioner :- Mor Mukut Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gajendra Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
By means of present writ petition the petitioner has challenged the impugned order dated 23.03.2020 passed by the second respondent, by which he has cancelled the fair price shop licence of the petitioner.
Learned Standing Counsel has raised a preliminary objection regarding maintainability of the present writ petition on the ground that against the impugned order the petitioner has got efficacious alternative remedy to file an appeal before the Commissioner of the Division and as such, the writ petition is liable to be dismissed on the ground of alternative remedy.
The Court has proceeded to examine the record in question and finds that once against the impugned order efficacious alternative remedy is available to the petitioner, then there is no reason or occasion to intervene in the matter.
In view of above, the writ petition is disposed of with observation that if the petitioner files an appeal against the impugned order within ten days from today, the Appellate Authority would proceed to decide the appeal on merits, expeditiously but certainly after providing ample opportunity of hearing to all the stake holders, ignoring the delay and laches.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicants 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.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 3.12.2020 A. Pandey
1 issue framed by the court
Whether present writ petition challenging the cancellation of fair price shop licence is maintainable when efficacious alternative remedy via appeal before Commissioner exists
Mor Mukut
State Of U.P.
2 Others
Mahesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
