Court No. - 10
Case :- WRIT - C No. - 35541 of 2018 Petitioner :- Arvind Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ved Prakash Pandey Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State- respondents.
The petitioner claims to be a fair price shop agent of village Pillua Block Kalan, District Shahjahanpur.
It appears that the license of the petitioner has been cancelled by Sub-Divisional Magistrate Kalan, District Shahjahanpur- respondent no. 4 by order dated 03.07.2018 on the charges of the irregularity in distribution of essential commodities.
The petitioner has claimed the following relief:
"(i) issue a writ, order or direction in the nature of certiorari quashing the order dated 3.7.2018 passed by respondent no. 4 (Annexure no. 12) to this writ petition."
The relief of the petitioner quoted above indicates that the petitioner has sought for quashing of the order of cancellation passed by respondent no. 4.
Against the order of cancellation of license, the petitioner has statutory remedy of appeal under Section 13(1) of Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016. Consequently, the writ petition is not maintainable.
Thus, in view of the alternative remedy, the present writ petition is not maintainable and the petitioner is allowed to avail remedy of appeal as provided in Section 13(1) of Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016.
After the judgment was dictated granting liberty to the petitioner to file statutory appeal against the order impugned in the writ petition, learned counsel for the petitioner states that he has already filed an appeal.
This fact has not been disclosed in the writ petition and this amounts to concealment of fact.
For the reasons given above, the writ petition is hereby dismissed with cost of Rs.10,000/-.
Order Date :- 26.10.2018 Ishan