Shashi Vs District Magistrate, Distt. Lakhimpur Kheri and 4 Others

Court No. - 20

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Case :- WRIT - C No. - 9461 of 2022

Petitioner :- Shashi Respondent :- District Magistrate, Distt. Lakhimpur Kheri And 4 Others

Counsel for Petitioner :- Arun Prakash Shukla,Ichchha Singh Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey

Hon'ble Manish Kumar,J.

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Heard learned counsel for the petitioner, learned Standing Counsel and Sri Dilip Kumar Pandey, learned counsel for the Gram Sabha.

The present writ petition has been preferred by the petitioner for quashing of the order dated 16.09.2022 passed by the opposite party no. 2 i.e. the Sub-Divisional Officer, Lakhimpur Kheri by which the opposite party no. 5 i.e. Smt. Manju Devi has been appointed for running fair price shop, the inquiry report dated 30.08.2022 prepared by the Committee as well as the order dated 13.09.2022, after summoning the same.

On the other hand, learned standing counsel has submitted that the petitioner has an alternative statutory remedy for filing an appeal under Section 13(3) of the Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016.

At this stage, learned counsel for the petitioner has submitted that the petitioner may be given liberty to file an appeal within a period of ten days and the appellate authority may be directed to decide the same within a period of two months.

Considering the request of learned counsel for the petitioner, the present writ petition is disposed of and the petitioner is at liberty to avail the remedy as permissible under the law and if any such remedy is availed by the petitioner within a period of two weeks, it is expected that the authority shall decide the same expeditiously.

Order Date :- 23.12.2022 Nitesh

Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Shashi v. District Magistrate, Distt. Lakhimpur Kheri and 4 Others