Dismissed

Javed Khan v. State of U.P. Thru. Prin. Secy. Food and Civil Supply Deptt. Lko. and 5 Others

Allahabad HC1 Nov 2022/6787/2022

Case brief

AI extract

What is this about?

Single judge dismissed a writ petition challenging the suspension of a fair price shop license. The court held that since the Control Order provides for an appeal with stay provisions, the petitioner failed to make out a special case for bypassing the alternative remedy.

What did the court decide?

The writ petition is dismissed; the petitioner is granted an opportunity to file an appeal before the appropriate forum.

Javed Khan Vs State of U.P. Thru. Prin. Secy. Food… — Service and Employment | Allahabad HC (2022)

¶1

Court No. - 21

¶2

Case :- WRIT - C No. - 6787 of 2022

¶3

Petitioner :- Javed Khan

¶4

Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supply Deptt. Lko. And 5 Others Counsel for Petitioner :- Sumit Pandey Counsel for Respondent :- C.S.C.

¶5

Hon'ble Mohd. Aslam,J.

¶6

Heard learned counsel for the petitioner as well as learned Standing Counsel for the respondent-State.

¶7

This writ petition under Article 226 of the Constitution of India has been filed seeking a writ, order or direction in the nature of certiorari for quashing the suspension order dated 05.08.2022 passed by respondent no.3- District Supply Officer, Bahraich, whereby the license of fair price shop of the petitioner relating to Gram Panchayat Fulwariya, Block Chittora, Tehsil Sadar, District Bahraich has been suspended as also to quash the impugned charge-sheet dated 08.08.2022 passed by respondent no.3.

¶8

At the very outset, learned Standing Counsel has submitted that there is provision of an appeal against suspension order of license of fair price shop under Clause 13 of The Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 and also appellate authority has power to suspend the order under challenge. Therefore, in event of alternative remedy this writ petition is not maintainable.

¶9

Learned counsel for the petitioner has submitted that it is the special case in which the alternative remedy will not come in way for issuance of writ, order of direction in the nature of certiorari under Article 226 of the Constitution of India. Therefore, the impugned orders are liable to be quashed.

¶10

I have gone through the file and the provisions of Clause 13 of The Uttar Pradeh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016. Following provisions were made in the aforesaid Control Order, which reads as under:-

¶11

"13. Appeal - (1) Appeal in relation to action or subject covered under the Nation Food Security Act, 2013 and rules framed under it shall lie before the authority mentioned in sub-clause (10) of clause 11 of this order but appeal against appointment, suspension and cancellation of fair price shop by the competent authority shall lie before the Divisional

¶12

Commissioner.

¶13

(5) Pending the disposal of an appeal, the Appellate Authority may direct that the order under appeal shall no take effect for such period as the authority may consider necessary for giving a reasonable opportunity to the other party under sub-clause (4) or until the appeal is disposed of, whichever is earlier."

¶14

Perusal of the record shows that no special case of the petitioner is made out for which relief can be granted to the petitioner in spite of availability of alternative remedy.

¶15

Under the aforesaid facts and circumstances of the case, the instant writ petition is misconceived and the same is, accordingly, dismissed .

¶16

However, the petitioner has opportunity to file an appeal before appropriate forum.

¶17

Order Date :- 1.11.2022 Vikas/-

¶18

Digitally signed by VIKAS VERMA Date: 2022.11.16 09:31:26 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Javed Khan v. State of U.P. Thru. Prin. Secy. Food and Civil Supply Deptt. Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

Javed Khan v. State of U.P. Thru. Prin. Secy. Food and Civil Supply Deptt. Lko. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Harendra Singh and 7 Others Vs Suresh Chandra Srivastava and 2 Others

Rahul @ Peetam Singh Vs State of U.P. and 3 Others

Sachin Sahani Vs State of U.P. and 3 Others

Ram Karan Vs Parashuram and Others

Regional Manager U.P.State Road Transport Corporation Hardoi Vs Ved Ram Alias Rakshpal and Ors.

Kalap Husain @ Kalab Husen Vs State of U.P. Thru. Prin. Secy. Deptt. of Food and Supply Lko. and 2 Others