Court No. - 10
Case :- WRIT - C No. - 6801 of 2019 Petitioner :- Mithlesh Sagar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shobhit Pathak Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Sri Apurva Hajela, learned Standing Counsel for the State-respondent.
By means of the present writ petition, petitioner is assailing the impugned cancellation order dated 28.1.2019 passed by the District Supply Officer Moradabad/second respondent.
In support of his submissions, learned counsel for the petitioner has placed reliance upon judgment of this Court passed in Writ-C No. 523 of 2019 (Anshu Gupta Vs. State of U.P. and Another, dt. 25.1.2019) wherein the Court has intervened in the matter and stayed the effect and operation of the order impugned and as such he submits that the similar treatment may also be extended to the petitioner in the present matter.
Per contra, learned Standing Counsel raised two-fold objections. Firstly, against the order impugned, the petitioner has got efficacious alternative remedy to file an appeal and as such the present writ petition is liable to be dismissed on the ground of statutory alternative remedy. Secondly, on account of mass bungling in the distribution of the essential commodities, the Division Bench of this Court in Public Interest Litigation (PIL) No.4839 of 2018 (The Sahkari Sasta Galla Vikreta Union, Tehsil Sardhana, Meerut vs. State of UP and 4 others, dt. 5.12.2018) has proceeded to ask the Senior Superintendent of Police (STF), Lucknow to ensure expeditious enquiry/investigation in the matter across the State and six months time has been accorded for the same. It has also been contended that the aforesaid matter is distinguishable from the present matter and as such no relief can be extended to the petitioner by this Court.
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 the direction that in case any such appeal is being preferred by the petitioner along-with stay application within two weeks from today, the appellate authority would proceed to decide the stay application on its own merit within further three weeks time but certainly after affording opportunity to all stakeholders in the matter. The appeal may also be decided expeditiously.
Order Date :- 26.2.2019 A.K.Srivastava