Court No. - 27
Case :- WRIT - C No. - 14634 of 2018 Petitioner :- Sagar Bharati Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nagendra Pratap Singh Counsel for Respondent :- C.S.C.,Ramesh Chandra Upadhyay
Hon'ble Ajay Bhanot,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
The petitioner has challenged the cancellation of his fair price shop license. The order of cancellation dated 22.11.2017 has been passed by the respondent no.2.
Learned Standing Counsel at the very outset submits that the petitioner has an alternative and efficacious remedy of filing an appeal under Section 13(1) of the The Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, which is extracted herein below:-
"(1) Appeal in relation to action or subject covered under the Nation Food Security Act, 2013 and rules framed under it shall lie before the authority mentioned in sub-clause (10) of clause 11 of this order but appeal against appointment, suspension and cancellation of fair price shop by the competent authority shall lie before the Divisional Commissioner."
The writ petition is liable to be dismissed on the grounds of alternative remedy and cannot be entertained at this stage.
Faced with this learned counsel for the petitioner contends that on bonafide legal advice the petitioner has filed the instant writ petition. Consequently appeal is delayed and barred by limitation.
In view of the aforesaid submissions, in case an appeal is filed within a period of one month from today against the order of cancellation, the appellate authority shall decide the same on its merit without going into the question of delay within a further period of three months from the date of production of certified copy of this order. It is clarified that in case an appeal is not filed within the stipulated period of one month from today, the directions shall become inoperative.
Subject to the aforesaid observations the writ petition is dismissed.
Order Date :- 24.4.2018 Pramod