The High Court dismissed a writ petition challenging the cancellation of a fair price shop licence. The court held that an alternative statutory remedy of appeal exists under the Uttar Pradesh Essential Commodities Order, 2016.
The writ petition was dismissed on the ground of alternative remedy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 5
Case :- WRIT - C No. - 9717 of 2021
Petitioner :- Jai Prakash Respondent :- State Of U.P. And And Another Counsel for Petitioner :- Krishna Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner being aggrieved by the order dated 24.02.2021 passed by the Sub Divisional Magistrate, Chandausi, District Sambhal whereby his fair price shop licence in respect of village Jaitpur, Block-Bahjoi, Tehsil-Chandausi, District Sambhal has been cancelled has come up in the present petition.
Learned Standing Counsel submits that against the impugned order there is statutory alternative remedy of appeal under Section 13(1) of Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016. Consequently, the writ petition is dismissed on the ground of alternative remedy.
However, it is provided that if the petitioner prefers an appeal against the impugned order within a period of three weeks from today, the appellate authority shall consider and decide the same on merit without entering into the question of limitation.
Order Date :- 16.6.2021 Ujjawal
Jai Prakash
State Of U.P.
Another
Saral Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
