Court No. - 10
Case :- WRIT - C No. - 26934 of 2018 Petitioner :- Ayodhya Prasad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Om Prakash Yadav Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Om Prakash Yadav, learned counsel for the petitioner; learned Standing Counsel for the State respondents and Shri R.C. Upadhyay, learned counsel for the Gaon Sabha.
By means of present writ petition, the petitioner has challenged the impugned order dated 25.7.2018 passed by the District Supply Officer, Azamgarh, by which he has cancelled the fair price shop licence of the petitioner.
Learned Standing Counsel has raised a preliminary objection regarding maintainability of the present writ petition on the ground that the petitioner has got efficacious alternative remedy to file an appeal before the Commissioner of the Division.
In view of above, the writ petition is disposed of with observation that if the petitioner files an appeal against the impugned order within 15 days' from today, the Appellate Authority will decide the same within next three months.
Meanwhile, if any allotment is made, the same would be subject to the final outcome of the appeal in question.
Order Date :- 30.11.2018 RKP