Petitioner challenged allotment of a fair price shop to a third party and sought quashing of orders dated 04.12.2024 and 18.12.2024. The court noted an appellate remedy existed against the allotment order, which counsel did not dispute, and disposed of the petition granting liberty to file appeal within 30 days, to be decided on merits.
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Neutral Citation No. - 2025:AHC:7944
Court No. - 33
Case :- WRIT - C No. - 313 of 2025 Petitioner :- Niyaz Been Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anil Kumar Tiwari,Mohd Akram Counsel for Respondent :- C.S.C.
Hon'ble Vikram D. Chauhan,J.
"A. Issue an appropriate writ order or direction in the nature of certiorari quashing the impugned communication order dated 04.12.2024 issued by the respondent no.5 as well as, the impugned order dated 18.12.2024 passed by the Sub Divisional Magistrate, Bahedi, Bareilly by which allotted the fair price shop of the village (Annexure No.1 to this writ peittion).
B. Issue an appropriate writ order or direction in the nature of mandamus commanding the respondents and directing them (especially respondent no.3) to decide the claim of the petitioner with regard to fixed to another meeting for allotment of the fair price shop in accordance with law provided in Governmenet Order/advertisement.
C. Issue an appropriate writ order or direction in the nature of mandamus commanding the respondents to decide the representation dated 22/23.11.2024 and 04.12.2024 to the petitioner within stipulated period of time."
Order Date :- 17.1.2025 S.Prakash
Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ petition challenging allotment of a fair price shop should be entertained despite an available statutory remedy of appeal?
Niyaz Been
State Of U.P.
Sub Divisional Magistrate, Bahedi, Bareilly (respondent no.5)
Vikram D. Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
