Court No. - 10
Case :- WRIT - C No. - 2323 of 2019 Petitioner :- Rajesh Kumar Misra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Kumar Shukla Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri B.B. Pandey, learned Additional Chief Standing Counsel for the State respondents.
Petitioner is before this Court assailing the validity of order dated 31.12.2019 passed by second respondent, whereby, the fair price shop license of petitioner has been cancelled. Further prayer has been made to command the respondents to restore the fair price shop dealership of the petitioner.
At the very outset, learned Additional Chief Standing Counsel raised preliminary objection regarding maintainability of the present writ petition on the ground that against the order impugned, petitioner has got alternative remedy of filing appeal before the Appellate Authority and as such, the writ petition may not be entertained by this Court.
Confronted with the situation, learned counsel for the petitioner states that some reasonable time may be accorded to the petitioner so that appeal in question may be preferred before the Authority concerned for substantial justice.
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 a direction that in case, any such appeal is preferred by the petitioner within ten days from today, the competent authority would proceed to decide the aforesaid appeal so filed by the petitioner expeditiously, preferably within a period of four weeks from the date of production of certified copy of this order but certainly after providing ample opportunity of hearing to all the stake holders in the matter. It is made clear that meanwhile any decision in respect of fair price shop in question would be subject to final outcome of the appeal in question.
Order Date :- 24.1.2019 A. Pandey