Dismissed

Hirawati v. State of U.P. and 4 Others

Allahabad HC8 Dec 2020WRIC/21213/2020

Case brief

AI extract

What is this about?

This is a short order disposing of a writ petition challenging the allotment of a fair price shop. The court dismissed the petition citing the availability of an efficacious alternative remedy (appeal to the Commissioner) and directed the petitioner to file such an appeal.

What did the court decide?

The writ petition is dismissed. The petitioner is directed to file an appeal against the impugned order within 10 days.

Hirawati Vs State of U.P. and 4 Others — Consumer Protection | Allahabad HC (2020)

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Court No. - 71

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Case :- WRIT - C No. - 21213 of 2020 Petitioner :- Hirawati Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Yadvendra Mani Mishra,Suresh Pratap Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Singh

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the petitioner; Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the State respondents and Shri Sunil Kumar Singh, learned counsel for the Gaon Sabha.

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By means of present writ petition the petitioner has challenged the impugned fair price shop allotment dated 26.2.2020 of Gram Panchayat Bankat (Karo), Block Barasathi, Tehsil Mandiyahun, District Jaunpur in favour of the respondent no.5.

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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.

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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.

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In view of above, the writ petition is disposed of with observation that if the petitioner files an appeal against the impugned order within 10 days' from today, the Appellate Authority will decide the appeal expeditiously, ignoring the delay and laches.

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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 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.

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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.

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Order Date :- 8.12.2020 RKP

Hirawati v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Hirawati v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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