Court No. - 10
Case :- WRIT - C No. - 38558 of 2018 Petitioner :- Sapna Singh @ Devi Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Janardan Prasad Patel,Dheeraj Kumar Yadav Counsel for Respondent :- C.S.C.,Brij Kumar Yadav
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Dheeraj Kumar Yadav, learned counsel for the petitioner; Sri A.K.S.Yadav appears for the seventh respondent and Sri B.K.Yadav appears for the sixth respondent and learned Standing Counsel for the State-respondent.
Petitioner is before this Court assailing the order impugned dated 28.9.2018 passed by third respondent whereby the fair price shop in question has been settled in favour of Smt. Siddhwati Devi/seventh respondent.
At the very outset, learned counsel for the respondent raised a preliminary objection regarding maintainability of the writ petition on the ground that against the settlement of fair price shop, the petitioner has got efficacious alternative to file an appeal under Order 13(1) of Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 as such the present writ petition is liable to be dismissed on the ground of alternative remedy.
In the facts and circumstances, the Court is of the considered opinion once the petitioner has got statutory alternative remedy, there is no reason to bypass the statutory forum. In case, any such appeal is preferred by the petitioner within two weeks from today, the appellate authority would proceed strictly, in accordance with law to decide the same as expeditiously as possible but certainly after affording opportunity of hearing to the seventh respondent.
With the aforesaid, the writ petition stands disposed of.
Order Date :- 27.11.2018 A.K.Srivastava