Court No. - 10
Case :- WRIT - C No. - 39084 of 2018 Petitioner :- Kallu Singh Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Upendra Upadhyay Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Upendra Upadhyay, learned counsel for the petitioner; Shri Sanjay Ram Tripathi, learned Standing Counsel for the State respondents and Shri Manu Singh, learned counsel for the Gaon Sabha.
The petitioner is before this Court assailing the order impugned dated 3.10.2018 passed by the second respondent, Sub Divisional Officer/Joint Magistrate, Etah, by which the fair price shop licence of the petitioner has been cancelled.
Shri Sanjay Ram Tripathi, learned counsel for the respondents has raised a preliminary objection regarding maintainability of the present writ petition on the ground that against the impugned order the petitioner has got efficacious alternative remedy of filing an appeal before the Commissioner of the Division as per provisions contained under Clause 13 (1) of Control Order, 2016 and the writ petition may be dismissed on the ground of alternative remedy.
Confronted with this situation, learned counsel for the petitioner submits that the entire action is in teeth of the judgement of this Court in Mahendra Singh vs. State of UP and another reported in 2016 (8) ADJ 732.
In view of the above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case and with the consent of the parties, this writ petition is disposed of finally, with observation that if the petitioner files an appeal against the impugned order within 15 days' from today, the Appellate Authority will decide the appeal on the merit of the case after taking note of the aforesaid judgement within next three months.
Order Date :- 29.11.2018 RKP