Court No. - 10
Case :- WRIT - C No. - 42842 of 2018 Petitioner :- Smt. Lajjawati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandeep Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Sri Sheetla Prasad Dubey, learned Standing Counsel for the State-respondent.
Petitioner is assailing the order impugned dated 22.10.2018 passed by the second respondent whereby the fair price shop of the petitioner has been placed under suspension. It is contended that against the order impugned the petitioner has filed detailed reply on 3.12.2018 and the same may be directed to be decided expeditiously.
The precise case has been set up that the entire action so taken by the authorities is in teeth of the Government Order dated 29.7.2004 and the Full Bench of this Court in Puran Singh Vs. State of U.P. and others reported in 2010 (2) UPLBEC 947. Learned counsel for the petitioner in support of his submissions further apprised to the Court that suspension of the petitioner's shop is contrary to law settled by this Court in Jagdish Narayan Mishra Vs. State of U.P. and others (Civil Misc. Writ Petition No. 2851 of 2008), Smt. Raj Kumar Singh Vs. State of U.P. and others (Civil Misc. Writ Petition No. 1766 of 2011), Brij Sewak Gupta Vs. State of U.P. and 3 others (Civil Misc. Writ Petition No. 10672 of 2017).
Learned Standing Counsel raised preliminary objection on the ground that against the order impugned petitioner has got efficacious alternative remedy of filing an appeal.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition is disposed of finally with a direction to the respondents to consider the objection so filed by the petitioner and finalise the proceedings in accordance with law as expeditiously as possible and preferably within three weeks in the light of the Government Order dated 29.7.2004 and Full Bench decision of this Court in Puran Singh (supra).
Order Date :- 20.12.2018 SP/