Dalbahadur Singh and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 7 Others
Fair price shop allotment – Writ petition dismissed on maintainability and delay grounds
Case brief
What is this about?
Allahabad High Court (Lucknow Bench), Court No. 17, WRIT-C No. 11983 of 2025, decided 11.12.2025 by Subhash Vidyarthi, J. Petitioners Dalbahadur Singh and another challenged the SDM Maharajganj (Raebareily) order dated 28.09.2024 allotting a fair price shop to respondent no.8. Petition dismissed on preliminary objections of alternative appellate remedy under Clause 13(3) of UP. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 and unexplained delay of over one year; liberty left to file appeal with delay condonation application, delay to be examined by Appellate Authority. Keywords: fair price shop, essential commodities, alternate remedy, delay condonation, writ dismissed.
What did the court decide?
In view of the availability of the appellate remedy under Clause 13(3) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 and the unexplained delay of more than one year in filing, the present petition stands dismissed.