Court No. - 36
Case :- WRIT - C No. - 28410 of 2021 Petitioner :- Anshu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Raja Ullah Khan Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned standing counsel for State-respondents.
Learned standing counsel has raised preliminary objection and submitted that petitioner is having alternative remedy to file appeal before Commissioner under clause 13 of U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 which could not be disputed by learned counsel for petitioner.
Under such facts and circumstances of the case, writ petition is dismissed with liberty to the petitioner to file appeal before the Commissioner.
At this stage, learned counsel for the petitioner submitted that there is some delay in filing appeal, therefore, Court may please to condone the same and direction may be issued to the Commissioner to decide the appeal on merits for which learned counsel for respondents have no objection.
Considering the submissions raised learned counsel for the parties, in case any such appeal is filed within 15 days from today, the same shall not be rejected on the ground of laches, but be decided on merits. All endeavor shall be made to decide the appeal maximum within two months from the date of filing of appeal.
Order Date :- 29.10.2021 Sartaj