Praveendra Kumar Vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

Praveendra Kumar Vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner permitted to file an appeal before the appellate forum (under Section 13(1) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order (2016)); if filed within two weeks, the appellate authority to decide after hearing all parties, most expeditiously and preferably within two months.

Issue for consideration

Whether the writ petition should be entertained despite the availability of a statutory alternative remedy, namely an appeal before the appellate forum under Section 13(1) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order (2016), against the cancellation of the petitioner's fair price shop license.

Court's answer

Without interfering with the order dated 29.08.2025 passed by Respondent no.2, the writ petition is disposed of finally, permitting the petitioner to file an appeal before the appellate forum.

Ratio / Principle

If the appeal is filed within a period of two weeks from the date of this order, the appellate authority will consider and decide the same after providing an opportunity of hearing to all parties concerned, most expeditiously and preferably within a period of two months thereafter.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Prakash Padia, J.), Writ-C No. 33408 of 2025, decided September 23, 2025: Praveendra Kumar v. State of U.P. and 4 Others. The petitioner's fair price shop license had been cancelled vide order dated 29.08.2025 of Respondent no.2, the Additional Commissioner, Food and Civil Supply, Jawahar Bhawan, Lucknow. The learned Standing Counsel raised a preliminary objection that a statutory alternative remedy was available to the petitioner — an appeal before the appellate forum as provided under Section 13(1) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order (2016) — a fact admitted by counsel for the petitioner. Without interfering with the cancellation order dated 29.08.2025, the Court disposed of the writ petition finally, permitting the petitioner to file an appeal before the appellate forum, with the direction that if such appeal is filed within two weeks, the appellate authority will consider and decide it after affording an opportunity of hearing to all parties concerned, most expeditiously and preferably within two months thereafter.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - C No. - 33408 of 2025

Praveendra Kumar

.....Petitioner(s)

Versus

State Of U.P. And 4 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Birendra Singh, Swati Singh
Counsel for Respondent(s)	: C.S.C.

Court No. - 6

HON'BLE PRAKASH PADIA, J.

Vide order dated 29.08.2025 passed by the Respondent no.2 namely Additional Commissioner, Food and Civil Supply, Jawahar Bhawan, Lucknow, the fair price shop license of the petitioner was cancelled.

Heard counsel for the petitioner and learned Standing Counsel accepted notice on behalf of Respondent Nos.1 to 5.

A preliminary objection has been raised by the learned Standing Counsel that against the order impugned statutory alternative remedy is available to the petitioner to file an appeal before the appellate forum as provided under Section 13(1) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order (2016).

This fact is also admitted by the counsel for the petitioner.

Heard counsel for the parties and perused the record.

In the facts and circumstances of the case and without interfering with the order dated 29.08.2025 passed by the Respondent no.2, the present writ petition is disposed of finally permitting the petitioner to file an appeal before the appellate forum. In case such appeal is filed within a period of two weeks from today, the appellate authority will consider and decide the same after providing an opportunity of hearing to all the parties concerned, most expeditiously and preferably within a period of two months thereafter.

(Prakash Padia,J.)

September 23, 2025 Swati

Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad