Court No. - 10
Case :- WRIT - C No. - 2078 of 2019 Petitioner :- Ram Briksha Ram Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Tej Bhanu Pandey Counsel for Respondent :- C.S.C.,Om Prakash Singh,Ramesh Chandra Upadhyay
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Petitioner is before this Court assailing the validity of order dated 28.12.2018 passed by Sub Divisional Magistrate, Azamgarh has proceeded to settle the fair price shop license in favour of seventh respondent.
Learned 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.
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 finally with a direction that in case, any such appeal is preferred by the petitioner within two weeks from today, the competent authority would proceed to decide the aforesaid appeal so filed by the petitioner expeditiously but certainly after providing ample opportunity of hearing to all the stake holders in the matter.
Order Date :- 22.1.2019 A. Pandey