Court No. - 10
Case :- WRIT - C No. - 3008 of 2019 Petitioner :- Rani Katheriya Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Jitendra Kumar Mishra Counsel for Respondent :- C.S.C.,Ashok Kumar Singh
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 24.12.2018 passed by second respondent, whereby, the fair price shop license of petitioner has been cancelled. Further prayer has been made to command the respondents not to give effect to the aforesaid impugned order.
Learned counsel for precisely submits that only the basis of FIR that has been so lodged against the petitioner, the license of the petitioner has been cancelled. In support of his submission, learned counsel for the petitioner states that in similar circumstances, the Court has accorded relief in Writ C no.39493 of 2018 (Sughar Lal Pal vs. State of U.P. and another). The same was allowed relying upon the Government Order dated 29.07.2004 as well as mandate of Full Bench decision in Puran Singh vs. State of U.P. others reported in 2010 (2) UPLBEC 947 as well as in Writ Petition no.46648/2017 (Aajad Kumar vs. State of U.P. and others).
On the other hand, learned Additional Chief 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 with the observation that if the petitioner prefers an appeal ventilating his grievance in the light of the aforesaid dictum, the Court hopes and trusts that the Appellate Authority will decide the appeal in question 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