Court No. - 10
Case :- WRIT - C No. - 3057 of 2019 Petitioner :- Nazim Ali And Another Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Dr. Rajesh Kumar Srivastav Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Dr. Rajesh Kumar Srivastava, learned counsel for the petitioners and Shri B.B. Pandey, learned Additional Chief Standing Counsel for the respondents.
The petitioners are before this Court assailing the impugned order dated 12.12.2018 passed by the fourth respondent, Sub Divisional Magistrate, Tehsil Sardhana, District Meerut, whereby the fair price shop licence of the petitioners has been cancelled.
Learned Additional Chief Standing Counsel has raised a preliminary objection regarding maintainability of the present writ petition on the ground that against the order impugned the petitioner has got efficacious alternative remedy to file an appeal before the Commissioner of the Division.
The Court has proceeded to examine the record in question and finds that against the impugned order once efficacious alternative remedy is available to the petitioner, then there is no reason or occasion to intervene in the matter.
In view of above, the writ petition is disposed of with observation that if the petitioners file an appeal against the impugned order alongwith stay application within 10 days' from today, the Appellate Authority will decide the stay application in further three weeks. The appeal in question may also be decided expeditiously.
Order Date :- 29.1.2019 RKP