Court No. - 10
Case :- WRIT - C No. - 23217 of 2018 Petitioner :- Smt. Prabha Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Santosh Kumar Singh, Counsel for Respondent :- C.S.C.,S.P. Mishra
Hon'ble Mahesh Chandra Tripathi,J.
Order on Civil Misc. Impleadment Application No. 2 of 2018
Heard Sri S.P.Mishra, learned counsel for the applicant.
The description of the application may be corrected forthwith.
The impleadment application is allowed. The same may be carried out forthwith.
Order on Writ Petition
Rejoinder affidavit is taken on record.
Heard Sri Santosh Kumar Singh, learned counsel for the petitioner; Sri Siddharth Singh, learned Additional Chief Standing Counsel for the State- respondent and Sri S.P.Mishra appears for the newly added respondent.
By means of the present writ petition, petitioner is assailing the order impugned dated 14.6.2018 passed by the second respondent, Sub Divisional Magistrate Hasanpur, District Amroha (J.P.Nagar) whereby licence of fair price shop of the petitioner has been cancelled.
Today, when the matter is taken up by this Court, Sri Siddharth Singh 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 perused the order impugned. The matter has been entertained by this Court on 10.7.2018 on which date the State had been asked for filing reply and interim order has been passed to the effect meanwhile, if the meeting took place, no final allotment should be made till then.
In the facts and circumstances, this 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. However, taking into account the aforesaid interim order, 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 ignoring the delay and laches in filing the same but certainly after affording opportunity to all stakeholders in the matter. Till disposal of the stay application, the interim order accorded by this Court on 10.7.2018, shall continue.
With the aforesaid, the writ petition stands
disposed of.
Order Date :- 30.11.2018 A.K.Srivastava