The court disposed of a writ petition regarding the suspension of a fair price shop license. It held that an efficacious alternative remedy via appeal exists and directed the petitioner to file the appeal within ten days.
Disposed of; petitioner directed to file appeal before Appellate Authority within ten days.
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Court No. - 71
Case :- WRIT - C No. - 20589 of 2020
Petitioner :- Lokesh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Awadhesh Kumar Malviya Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner, Shri Sachidanand Tiwari, Advocate appeared for Gaon Sabah and learned Standing Counsel for the State respondents.
Initially, the present writ petition has been preferred against the order dated 07.08.2020, whereby, the license of petitioner's fair price shop has been placed under suspension. Learned counsel for petitioner submits that during the pendency of the writ petition, the license in question was cancelled.
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
Lokesh
State Of U.P.
4 Others
Mahesh Chandra Tripathi
As recorded by the court registry
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