Court No. - 2
Case :- WRIT - C No. - 28621 of 2018 Petitioner :- Rajesh Kumar Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Satya Prakash Mishra,Hausila Prasad Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
Sri Satya Prakash Mishra, learned counsel for the petitioner submits that the petitioner has assailed the appointment of respondent no.6 as fair price shop dealer of Village Panchayat Hatua, Vizulai, District Pilibhit. He further submits that the appointment of respondent no.6 as fair price shop dealer was made by adopting a procedure not known to law. He submits that there was gross violation of relevant government order holding the field in as much as no open meeting of the village panchayat was held. He also points out certain other irregularities.
Sri Vivek Srivastava, learned Standing Counsel in opposite to the prayer submits that the issues raised by the petitioner are essentially questions of fact. These have to be determined and verified by the competent authority. He further pointed out that petitioner has alternative and efficacious remedy of filing appeal under Section 13(1) of the The Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016.
The writ petition is dismissed on the ground of alternative remedy.
Order Date :- 24.8.2018 Pramod