Dismissed

Amit Pathak v. State of U.P. Thru. Prin. Secy. Food and Civil Supplies, Lucknow and Others

Allahabad HC8 Jul 2024/4353/2024

Case brief

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What is this about?

The High Court dismissed the writ petition seeking quashing of a fair price shop license granted to a relative of the Village Pradhan. The court held that the petitioner's claim was subject to an efficacious alternative remedy of appeal under U.P. Essential Commodities Regulations.

What did the court decide?

No relief. Liberty granted to petitioner to prefer an appeal against the order of appointment of the fair price shop licensee.

Amit Pathak Vs State of U.P. Thru. Prin… — Public Procurement and Tenders | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46225

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Court No. - 7

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Case :- WRIT - C No. - 4353 of 2024

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Petitioner :- Amit Pathak

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Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies, Lucknow And Others

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Counsel for Petitioner :- Narendra Gupta Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Alok Mathur,J.

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Heard Shri Narendra Gupta, learned counsel for petitioner, learned Standing Counsel appearing for the respondent nos. 1 to 5 and perused the material available on record.

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The prayer has been made by the petitioner in the present writ petition is for a direction to the State respondents to take appropriate action against respondent no. 6, who has been granted a fair price shop licence for Gram Panchayat Medan Mawai, Post Dhasni Jalalpur, Block Gauriganj, District Amethi.

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It has been submitted by learned counsel for petitioner that respondent no. 6 has been allotted a fair price shop licence in the year 2016 in compliance of order dated 3.7.1990 and 8.7.2002. Inasmuch as the licensee is related to the family member of the elected Village Pradhan and is accordingly disqualified.

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At the very outset, learned Standing Counsel has submitted that the petitioner has an efficacious remedy of an appeal under Clause 13 sub Clause (1) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016.

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Accordingly, considering the fact that the petitioner has an efficacious remedy of an appeal where all the questions as raised by the petitioner can be adequately looked into.

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Therefore, the present writ petition is dismissed on the ground of alternative remedy granting the liberty to the petitioner to prefer an appeal against the order of the appointment of fair price shop to respondent no. 6 in accordance with law.

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(Alok Mathur, J.)

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Order Date :- 8.7.2024 Virendra

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Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench

Amit Pathak v. State of U.P. Thru. Prin. Secy. Food and Civil Supplies, Lucknow and Others

Case brief

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Amit Pathak v. State of U.P. Thru. Prin. Secy. Food and Civil Supplies, Lucknow and Others

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