Court No. - 46
Case :- WRIT - C No. - 19064 of 2019 Petitioner :- Ramashanker Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Praveen Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner claims to be fair price shop agent of Goan Sabha Biraich, Vikas Khand and Teshil Sadar, District Ghazipur. The licence of the petitioner has been cancelled by Sub Divisional Magistrate, Sadar, Ghazipur - respondent no. 2 by order dated 23.3.2019. The order dated 23.3.2019 is impugned in the writ petition.
Against the order of cancellation of licence, the petitioner has statutory remedy of appeal under Section 13(1) of Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016. Consequently, the writ petition is dismissed on the ground of alternative remedy.
However, it is provided that in case, the petitioner prefers an appeal within a period of three weeks from today, the Appellate Authority shall decide the same on merits without entering into the question of limitation.
It is also provided that in case any stay application is filed by petitioner, the appellate authority shall endeavour to decide the same expeditiously, preferably within a period of three weeks from the date of filing the stay application.
Order Date :- 30.5.2019 Ishan