Court No. - 10
Case :- WRIT - C No. - 3815 of 2019 Petitioner :- Rajendra Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Akhilesh Chandra Shukla Counsel for Respondent :- C.S.C.,Vipin Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri S.R. Tripathi, learned Standing Counsel for the State respondent.
The petitioner, who is complainant, is before this Court assailing the validity of order dated 26.12.2018 passed by fifth respondent allotting the fair price shop to wife of suspended dealer.
On the matter being taken up today, learned Standing Counsel raised an objection regarding maintainability of the present writ petition on the ground that the petitioner can always assail the validity of order impugned before the Appellate Authority but instead of availing the said remedy, he has straightway approached this Court and as such, it is submitted that the writ petition may not be entertained by this Court on the ground of alternative remedy.
In the facts and circumstances of the case, the arguments advanced by learned Standing Counsel appears to have substance as admittedly against the order impugned, by which allotment has been ensured in favour of sixth respondent, the petitioner has got efficacious alternative remedy in the shape of appeal before the Appellate Authority, in such a situation, this Court is of the considered opinion that the petitioner should avail the statutory alternative remedy provided in the shape of appeal and there is no reason or occasion to bypass the said forum.
Consequently, the Writ Petition is dismissed on the ground of alternative remedy. However, it always open for the petitioner to assail the validity of order impugned before the appropriate forum.
Order Date :- 26.2.2019 A. Pandey