This bench dismissed a writ petition seeking quashing of a license revocation order, holding that an alternative remedy under Section 6 F of the Explosive Act, 1884, is available and exhaustion thereof is required.
Petition dismissed on ground of alternative remedy.
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Court No. - 40
Case :- WRIT - C No. - 12030 of 2021
Petitioner :- Sone Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Babita Kumari Chandra,Subhash Chandra Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the petitioner; learned Standing Counsel for respondents 1 to 3; and perused the record.
The petitioner seeks quashing of license revocation order passed by the District Magistrate, Kaushambi dated 28th January, 2021.
Learned Standing Counsel has taken a preliminary objection with regard to the maintainability of the writ petition on the ground that there exists a statutory alternative remedy of an appeal under Section 6 F of the Explosive Act, 1884 against the order of revocation of license.
Learned counsel for the petitioner submits that though there may exist an alternative remedy but a similarly situated person who has availed alternative remedy has not got any relief and the matter remains pending for several moths.
Be that as it may, as there exists an alternative remedy, the petitioner may avail the same. In case the appellate authority fails to expeditiously dispose off the appeal, it shall be open to the petitioner to approach this Court again.
Subject to above, the petition is dismissed on ground of alternative remedy.
Order Date :- 25.6.2021.
Rks.
1 issue framed by the court
Whether the writ petition is maintainable despite the existence of a statutory alternative remedy under Section 6 F of the Explosive Act, 1884.
Sone Lal
State Of U.P.
Manoj Misra
Anil Kumar Ojha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
