Shambhu Nishad Vs State of U.P. and 2 Others

Court No. - 9

Case :- WRIT - C No. - 25933 of 2022

Petitioner :- Shambhu Nishad Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satyawan Shahi Counsel for Respondent :- C.S.C.,Sudhir Bharti

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Hon'ble Prakash Padia,J.

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Heard learned counsel for the petitioner, learned Standing Counsel for the respondents no.1 & 2 and Shri Sudhir Bharti, learned counsel for the respondent no.3.

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The petitioner has preferred present petition inter-alia with the prayer to quash the impugned order dated 15.07.2022 passed by the respondent no.2-Sub Divisional Magistrate, Chaurichaura, District Gorakhpur with further prayer to direct the respondent no.2 to restore the fair price shop of the petitioner and supply the essential commodities to the petitioner forthwith as and when it fall due month by month.

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A preliminary objection has been raised by learned Standing Counsel as well as Shri Sudhir Bharti, learned counsel for the respondent no.3 that against the order impugned statutory alternative remedy is available to the petitioner to file an appeal under Clause 13 (1) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016.

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In view of the same, since statutory alternative remedy is available to the petitioner no relief could be granted to the petitioner hence present writ petition is dismissed.

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It is made clear that if petitioner will file an appeal as per the aforesaid provisions within a period of three weeks from today before the appellate authority, the appellate authority will decide the same in accordance with law most expeditiously and preferably within a period of three months from the date of receipt of certified copy of this order.

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Order Date :- 5.9.2022 Pramod Tripathi

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Digitally signed by PRAMOD TRIPATHI Date: 2022.09.06 11:51:47 IST Reason: Location: High Court of Judicature at Allahabad

Shambhu Nishad v. State of U.P. and 2 Others

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Shambhu Nishad v. State of U.P. and 2 Others

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