Court No. - 10
Case :- WRIT - C No. - 35094 of 2019 Petitioner :- Dinesh Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandra Bhan Gupta Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents. Sri Diwakar Singh has accepted notice for the Gaon Sabha.
Present writ petition has been filed seeking quashing of the order dated 11.10.2019 passed by the respondent no. 3, Sub-Divisional Magistrate, Khaga, district Fatehpur filed as Annexure-6 to the writ petition and the so-called proposal dated 20.9.2019 submitted by the Gram Pradhan, respondent no. 4 filed as Annexure-4 to the writ petition. A further prayer in the nature of mandamus directing the District Magistrate, Fatehpur, respondent no. 2 to ensure holding of open meeting of Gram Sabha at Primary School Ahmadpur Kushumbha, district Fatehpur for the appointment of fair price shop dealer at Village Ahmadpur Kushumbha, Block Dhata, Tehsil Khaga, district Fatehpur at the earliest.
Pursuant to the order dated 6.11.2019, learned Standing Counsel has produced copy of the instructions, which are taken on record.
It is not in dispute that the petitioner has alternative statutory remedy by way of filing appeal against the order impugned herein. The case is being disputed on the ground of factual aspect.
Learned Standing Counsel at this stage pointed out that as per the instructions the letter annexed as Annexure-3 to the writ petition allegedly written by the District Programme Officer on 24th September, 2019 is not on record of any of the concerned offices.
Be that as it may, the petitioner has alternative remedy by way of filing appeal. As such, I am not inclined to go into the details.
Accordingly, this writ petition stands dismissed on the ground of availability of alternative remedy.
It is, however, provided that in case any appeal is filed within a period of 15 days from today the same shall be entertained by the appellate authority without taking any objection with regard to delay and shall decide the appeal, in accordance with law, if possible, within two months from the date of filing of a certified copy of this order.
No costs.
Order Date :- 27.11.2019 p.s.