Court No. - 45
Case :- WRIT - C No. - 20553 of 2018 Petitioner :- Heera Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar,Amulya Ratan Srivastava Counsel for Respondent :- C.S.C.,Sanjeev Kumar Kushwaha
Hon'ble Ajay Bhanot,J.
The petitioner has challenged the order of termination of his fair price shop licence passed by the respondent no. 3 on 9.4.2018.
The learned Standing Counsel submits that the petitioner has an alternative remedy of filing an appeal against the order of termination under Section 13 (1) of Uttar Pradesh Essential Commodities (Regulation Of Sale And Distribution Control) Order-2016.
Sri Amulya Ratan Srivastava, learned counsel for the petitioner fairly submits that the petitioner has an alternative remedy of filing an appeal. However, he contends that due to bonafide legal advice, the petitioner approached this court directly. Consequently, filing of appeal has been delayed. The appeal is now barred by limitation. The sole prayer made by Sri Amulya Ratan Srivastava is that the appeal may be decided on merits without going into the question of delay.
In view of the submissions made at the Bar, it is open to the petitioner to file an appeal within a period of thirty days from today. In case, such appeal is filed within the stipulated period of one month from today, the appellate authority shall decide the appeal on merits without going into the question of delay.
With the aforesaid observations/directions, this writ petition is disposed of.
Order Date :- 30.5.2018 Pratima