Court No. - 27
Case :- WRIT - C No. - 14872 of 2018 Petitioner :- Smt. Phoolmati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Janam Singh Counsel for Respondent :- C.S.C.,Diwakar Singh
Hon'ble Ajay Bhanot,J.
By the impugned order the respondent No.4 has been appointed as the fair price shop dealer of village panchayat Bawan, District-Fatehpur.
Shri Ram Janam Singh, learned counsel for the petitioner contends that there are various irregularities in the appointment of the respondent No.4.
Learned Standing Counsel contends that the petitioner has raised the only disputed questions of fact which need to be investigated by an appropriate authority. He contends that the petitioner has an alternative remedy of filing an appeal under Order 13(1) of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016.
The writ petition is dismissed on the ground of alternative remedy.
At this stage, the learned counsel for the petitioner recasts his prayer and submits that in case, he files an appeal, the same may be decided within a stipulated time frame since the matter pertains to the interest of public at large.
The learned Standing Counsel has no serious objections to the aforesaid prayer being granted.
In case, the petitioner files an appeal before the competent authority within a period of one month from today, the appellate authority shall decide the appeal within a further period of three months from the date of production of a certified copy of this order.
With the aforesaid observation, the writ petition is dismissed.
Order Date :- 24.4.2018 Ashish Tripathi