Court No. - 10
Case :- WRIT - C No. - 6639 of 2019 Petitioner :- Dinesh Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Sri Apurva Hajela, learned Standing Counsel for the State-respondent.
By means of the present writ petition, petitioner is assailing the orders impugned dated 10.1.2019 passed by third respondent whereby licence of fair price shop of the petitioners have been cancelled.
Sri Apurva Hajela raised a preliminary objection regarding maintainability of the writ petition on the ground that against the order impugned, the petitioner has got efficacious alternative remedy to file an appeal and as such the present writ petition is liable to be dismissed on the ground of statutory alternative remedy. He further apprised to the Court that on account of mass bungling in the distribution of the essential commodities, the Division Bench of this Court in Public Interest Litigation (PIL) No.4839 of 2018 (The Sahkari Sasta Galla Vikreta Union, Tehsil Sardhana, Meerut vs. State of UP and 4 others, dt. 5.12.2018) has proceeded to ask the Senior Superintendent of Police (STF), Lucknow to ensure expeditious enquiry/investigation in the matter across the State within a period of six months from the date of order. As such relying upon The Sahkari Sasta Galla Vikreta Union (supra), in various matters the Court has not intervened and disposed of the matters relegating the petitioners to avail alternative forum.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and without expressing any opinion on the merits of the issue and with the consent of the parties, the writ petition is disposed of finally with the direction that in case any appeal along with stay application is preferred by the petitioners within ten days from today, the appellate authority would proceed to decide the stay application on its own merit within further two months time but certainly after affording opportunity to all stakeholders in the matter. The appeal in question would also be decided expeditiously.
Order Date :- 26.2.2019 SP/