Vishwas Self Help Group Vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

Vishwas Self Help Group Vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of permitting withdrawal, with liberty to file statutory appeal under Section 13(3) of the Order, 2016 before the Appellate Authority within three weeks along with certified copy of this order; Appellate Authority to decide expeditiously, preferably within three months of filing, on merits after giving opportunity of hearing to all parties, subject to no legal impediment.

Issue for consideration

Whether the writ petition challenging the SDM's order allotting a fair price shop to Sita Self Help Group should be pursued in the High Court, given the alternative statutory remedy of appeal before the Commissioner of the Division under Section 13(3) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016.

Court's answer

The present writ petition is disposed of, permitting the petitioner to file a statutory appeal as provided under Section 13(3) of the Order, 2016 before the Appellate Authority, along with certified copy of this order, within three weeks from the date of the order (i.e., withdrawal with liberty to avail the statutory appellate remedy).

Ratio / Principle

If the petitioner files the statutory appeal as permitted, the Appellate Authority shall decide it expeditiously and preferably within a period of three months from the date of filing of the appeal, on merits, but after providing opportunity of hearing to all the parties concerned, unless there is no legal impediment.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad | WRIT - C No. 30538 of 2025 | Prakash Padia, J. | Decided September 11, 2025 | Vishwas Self Help Group v. State of U.P. and 4 Others: The petitioner challenged the order dated 03.07.2025 passed by the Sub Divisional Magistrate, Tehsil Tanda, District Rampur (respondent No.3), by which a fair price shop was allotted in favour of respondent No.5/Sita Self Help Group. On the matter being taken up, learned Standing Counsel raised a preliminary objection that the petitioner had an alternative remedy of appeal before the Commissioner of the Division under Section 13(3) of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 ('Order 2016'). Learned counsel for the petitioner then sought dismissal of the petition as withdrawn with liberty to avail the statutory appeal. The court disposed of the petition, permitting the petitioner to file the statutory appeal under Section 13(3) of the Order, 2016 before the Appellate Authority, along with certified copy of the order, within three weeks; the Appellate Authority was directed to decide the appeal expeditiously, preferably within three months from the date of filing, on merits, after providing opportunity of hearing to all parties concerned, unless there is no legal impediment.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30538 of 2025

Vishwas Self Help Group	Versus	.....Petitioner(s)
State Of U.P. And 4 Others		.....Respondent(s)
Counsel for Petitioner(s)	:	Brijesh Kumar Pandey
Counsel for Respondent(s)	:	C.S.C.

Court No. - 33

HON'BLE PRAKASH PADIA, J.

The order dated 03.07.2025 passed by the respondent No.3/Sub Divisional Magistrate, Tehsil Tanda Distrcit Rampur is under challenge by which the fair price shop allotted in favour of the respondent No.5/Sita Self Help Group is under challenge.

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 (In short "Order 2016").

At this stage, a prayer has been made by learned counsel for the petitioner to dismiss the present petition as withdrawn with liberty to avail the statutory remedy of appeal before the appellate authority.

In this view of the matter, the present petition is disposed of permitting the petitioner to file statutory appeal as provided under Section 13(3) of the Order, 2016 before the Appellate Authority along with certified copy of this order within three

WRIC No. 30538 of 2025

2

weeks from today. In case, the petitioner does so, the Appellate Authority will decide the same expeditiously and preferably within a period of three months from the date of filing of the appeal on merits but after providing opportunity of haring to all the parties concerned unless there is no legal impediment.

September 11, 2025 saqlain

(Prakash Padia,J.)

Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad