Court No. - 10
Case :- WRIT - C No. - 3012 of 2019 Petitioner :- Rakesh Kumar Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Anubhav Chandra Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and Shri Sanjay Kumar Singh, learned Standing Counsel for the State respondents.
The petitioner is before this Court assailing the validity of order dated 01.10.2018 passed by third respondent, whereby, the fair price shop license of petitioner has been cancelled. Further prayer has been made to command the respondent authorities to restore the supply of essential commodities to the petitioner's fair price shop.
At the very outset, Shri Sanjay Kumar Singh, learned Standing Counsel raised a preliminary objection regarding maintainability of the present writ petition on the ground that the petitioner has got efficacious alternative remedy to assail the validity of same by preferring an appeal before the Commissioner of the Region and as such, it is submitted that the writ petition may not be entertained by this Court.
In the facts and circumstances of the case, this Court is of the considered opinion that in case there is statutory alternative remedy, then there is no reason or occasion to bypass the said forum and as such, the present writ petition is disposed of with the observation that if the petitioner files an appeal alongwith stay application against the impugned order within 10 days' from today, the Court hopes and trusts that the Appellate Authority will decide the stay application within next three weeks and the appeal in question may also be decided within expeditiously, without granting any unnecessary adjournment to either of the parties, but certainly after providing opportunity of hearing to all the stake holders in the matter.
Order Date :- 29.1.2019 A. Pandey