Court No. - 10
Case :- WRIT - C No. - 42611 of 2018 Petitioner :- Pappu Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sudhakar Singh Counsel for Respondent :- C.S.C.,Arun Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Sri P.K.Chauhan, learned Additional Chief Standing Counsel for the State-respondent.
By means of the present writ petition, petitioner is assailing the order impugned dated 24.11.2018 passed by the third respondent whereby licence of fair price shop of the petitioner has been cancelled.
Learned Standing Counsel raised an objection that 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.
Once an objection is being raised, the Court has proceeded to examine the record and the Court is of the considered opinion once the efficacious alternative remedy is available to the petitioner, there is no reason or occasion to bypass the statutory forum and the writ petition is liable to be dismissed on the ground of statutory alternative remedy.
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 a week 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. Thereafter, the appeallate authority would also proceed to decide the appeal expeditiously.
Order Date :- 20.12.2018 A.K.Srivastava