Court No. - 10
Case :- WRIT - C No. - 1453 of 2019 Petitioner :- Maya Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R.B. Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Sri Sidhartha Singh, learned Additional Chief Standing Counsel for the State-respondent.
Petitioner is before this Court assailing the order impugned dated 22.12.2018 passed by the third respondent whereby licence of the fair price shop of the petitioner has been suspended.
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 and the entire action is being taken merely on the basis of FIR lodged under Section 3/7 Essential Commodities Act.
In support of his submission, learned counsel for the petitioner has further apprised to the Court that the action of the respondents is also 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).
Sri Sidhartha Singh, learned Additional Chief Standing Counsel for the State-respondent raised preliminary objection on the ground that against the order impugned the petitioner has got efficacious alternative remedy of filing an appeal and as such the writ petition is liable to be dismissed.
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 in case, any such objection is filed by the petitioner within ten days from today, the competent authority would proceed strictly, in accordance with law to decide the same as expeditiously as possible and preferably within further three weeks time in the light of the Government Order dated 29.7.2004 and Full Bench decision of this Court in Puran Singh (supra).
Order Date :- 22.1.2019 A. Pandey