Court No. - 27
Case :- WRIT - C No. - 14868 of 2018 Petitioner :- Kalyan Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Jai Shanker Upadhyay,Abhay Kant Upadhyay,Gopal Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Shri Gopal Dwivedi, learned counsel for the petitioner and learned Standing Counsel for the respondent-State.
The petitioner has challenged the order of termination of the fair price shop licence.
The learned Standing Counsel contends that the petitioner has an alternative remedy of filing an appeal in the matter.
The learned counsel for the petitioner by way of rejoinder submits that the matter was originally remanded by the appellate authority to the licencing authority for fresh consideration.
In case, the petitioner is required to take the order of cancellation into appeal, litigation would be highly prolonged.
In this view of the matter, in case an appeal is filed within a period of one month from today, it is directed that the respondent No.3 or any other competent authority, before whom the appeal is filed, shall decide the same within a further period of three months from the date of production of a certified copy of this order. It is clarified that in case, an appeal is not filed within the aforesaid period, the direction to decide the appeal shall stand recalled.
With the aforesaid observation, the writ petition is dismissed.
Order Date :- 24.4.2018 Ashish Tripathi