Court No. - 10
Case :- WRIT - C No. - 41193 of 2018 Petitioner :- Kahlil Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Jai Singh Yadav Counsel for Respondent :- C.S.C.,Arun Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Standing Counsel. Shri Arun Kumar Srivastava has accepted notice on behalf of Gaon Sabha. The vakalatnama filed by Shri Avaneesh Kumar Singh is taken on record.
In view of the order proposed to be passed, notices need not go to private respondent.
The petitioner is before this Court assailing the order dated 27.11.2018 passed by second respondent by which the fair price shop of the petitioner has been cancelled.
At the very outset, learned Standing Counsel raised an objection regarding the maintainability of the writ petition on the ground that against the order impugned the petitioner has got alternative efficacious remedy to file appeal and as such the writ petition is liable to be dismissed.
The Court has proceeded to examine the record in question and find substance in the objection raised by learned Standing Counsel. However, in the interest of justice, it is provided that in case any such appeal along with stay application is preferred within ten days, the appellate authority will decide the stay application within three weeks thereafter and make an endeavour to decide the appeal in two months. It is made clear that the Court has not expressed any opinion on the merits of the issue.
The writ petition stands disposed of accordingly.
Order Date :- 20.12.2018 SP/