The High Court dismissed a writ petition seeking quashing of a license cancellation order, holding that the petitioner had an alternative remedy by way of appeal under the Uttar Pradesh Essential Commodities Order, 2016.
Writ petition dismissed; petitioner directed to file appeal before the Commissioner of Division.
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Court No. - 9
Case :- WRIT - C No. - 26590 of 2022
Petitioner :- Omkar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadhesh Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner. Learned Standing Counsel accepted notice on behalf of State-respondents.
The petitioner has preferred the present writ petition with the prayer to quash the order dated 07.07.2022 passed by the respondent No.3/Sub Divisional Officer/Licensing Authority Tehsil Pharenda District Maharajganj by the which the license of the petitioner has been cancelled.
Today when the matter is taken up, a preliminary objection has been raised by learned Standing Counsel that against the order impugned, the petitioner has an alternative remedy to file appeal before the Commissioner of the Division as provided under Section 13(3) of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016.
To have such a relief/remedy is available to the petitioner under Sub Section 3 of Section 13 of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, this Court does not find any just reason to entertain this petition ignoring the remedy provided Sub Section 3 of Section 13 of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 The present petition is, accordingly, dismissed. The petitioner is at liberty to avail remedy under the Order aforesaid.
In case, the petitioner filed appeal before the authority concerned within three weeks from today along with a certified
copy of this order, the authority concerned will decide the same most expeditiously and preferably within a period of three weeks thereafter.
Order Date :- 13.9.2022 saqlain
Digitally signed by SYED MOHAMMAD SAQLAIN HAIDER Date: 2022.09.14 16:45:53 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to entertain a writ petition for quashing a license cancellation order when an alternative statutory remedy by way of appeal is available.
Omkar Singh
State Of U.P.
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
