Court No. - 10
Case :- WRIT - C No. - 38645 of 2018 Petitioner :- Sameer Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Satyawan Shahi Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Petitioner before this Court is assailing the validity of impugned suspension order dated 31.08.2018 passed by District Supply Officer, Moradabad, whereby, the Fair Price Shop of the petitioner is being placed under suspension.
Shri Sanjay Kumar Singh, learned Standing Counsel raised preliminary objection regarding the maintainability of the writ petition on two folds; firstly on the ground that against the order impugned, ample opportunity has already been extended to the petitioner, whereby, the petitioner has already proceeded to file detailed objection on 09.10.2018, which is appended as Annexure 4 to the writ petition and final outcome of the said proceedings are yet to be taken place and as such, the writ petition is premature; and secondly on the ground that against the order impugned, the petitioner has got alternative remedy of filing appeal as is provided under Order 13(1) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order 2016 and as such, the writ petition should not at all be entertained by this Court.
In the facts and circumstances of the case, the Court is of the considered opinion that let the objection so filed by the petitioner may be decided.
Consequently, on consent, the Writ Petition is disposed of with the direction to the District Supply Officer, Moradabad to decide the aforesaid objection so filed by the petitioner expeditiously, preferably within a period of six weeks from the date of production of certified copy of this order but certainly after providing ample opportunity of hearing to the petitioner.
Order Date :- 27.11.2018 A. Pandey