Court No. - 45
Case :- WRIT - C No. - 20568 of 2018 Petitioner :- Man Singh Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Harish Chandra Pratap,Rajiv Shukla Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava
Hon'ble Ajay Bhanot,J.
The petitioner has challenged the order of termination of his fair price shop passed on 28.3.2018.
The learned Standing Counsel Shri Sanjay Ram Tripathi, submits that the petitioner has alternative and efficacious remedy of filing an appeal against the order impugned under Order 13(1) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016.
At this stage, Shri Rajiv Shukla, learned counsel for the petitioner fairly conceded that there is an alternative remedy of filing an appeal. However, he further points out that due to bona-fide legal advice, the petitioner approached this Court directly. Consequently, filing of appeal was delayed and now the appeal is barred by limitation. The sole prayer made by the learned counsel for the petitioner is that the appeal may be decided on merits.
In view of the submissions made at the bar, it is open to the petitioner to file an appeal against the order of termination of his fair price shop licence dated 28.3.2018 within a period of one month from today. In case such appeal is filed within the aforesaid time period of one month, the appellate authority shall decide the same on merits without going into the question of delay.
It is also made clear that in case, the petitioner fails to file the aforesaid appeal within the stipulated time of one month from today, the directions made in the writ petition will stand recalled.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 30.5.2018 Ashish Tripathi