Court No. - 35 Case :- WRIT - C No. - 61115 of 2012 Petitioner :- Ashok Kumar Respondent :- State Of U.P. Thru Secy. And Another Counsel for Petitioner :- Madan Mohan,P.S. Verma Counsel for Respondent :- C.S.C.
Hon'ble Bharati Sapru,J. Hon'ble Saral Srivastava,J.
Heard Shri Madan Mohan, learned counsel for the petitioner and learned Standing Counsel for the respondents.
From the contents of the counter affidavit, which was filed in the year 2013 itself, it is clear that the licence of the fair price shop of the petitioner has been cancelled.
It is open to the petitioner to take recourse to the remedy of appeal provided under the Act itself as certain disputed questions of fact have been raised in the petition. In case, the petitioner files an appeal, it may be heard and disposed of in accordance with law.
We are not inclined to interfere in this matter in view of a recent supreme Court decision in the case of Authorised Officer, State Bank of Tranvacore Vs. Mathew K.C. (Civil Appeal No.1282 of 2018) dated 30.01.2018, wherein it has been held that where the statutory remedy is available the writ jurisdiction should not be allowed to be invoked under Article 226 of the Constitution of India, unless there is an exceptional circumstance to call for interference at this stage.
The Writ Petition is dismissed as above. No costs.
Order Date :- 24.4.2018 pks