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Mutthiganj Consumer Cooperative ... vs State Of U.P. And 3 Others

High Court Of Judicature at Allahabad|20 September, 2018

JUDGMENT / ORDER

I have perused the entire record. The ground urged and the facts averred.
Learned counsel for the petitioner submitted that the petitioner submitted his explanation to the respondent disclosing the real facts in pursuance of the order dated 9.8.2018. He also submitted that the stock register also reflects that on 26.7.2018, 66.24 Quintals , i.e., 130 Bags Wheat was entried in the stock register and after including the old stock the total stock of wheat was 73.470 Quintals were shown in the stock register and rice was also shown in the stock register and there was no any discrepancy.
This is in the realm of factual scenario and this cannot be said to be admitted position of fact. They are in the realm of highly disputed question of facts which can be appreciated by the appellate authority appointed under the Act.
In view of this having perused, the order also, though the documents are produced before this Court, this Court cannot go in the same by holding inquiry into all documentary these as the order at Annexure No. 3 is one which can be challenged before the appellate authority.
In that view of the matter, I am unable to accept the submission of counsel for petitioner that alternative remedy is no bar. The order cannot be said to be palpably illegal, perverse or based on no facts which would require scrutiny by this Court.
Writ petition is disposed off on alternative remedy.
Order Date :- 20.9.2018/Mukesh
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Title

Mutthiganj Consumer Cooperative ... vs State Of U.P. And 3 Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
20 September, 2018
Judges
  • Kaushal Jayendra Thaker