Court No. - 27
Case :- WRIT - C No. - 14786 of 2018 Petitioner :- Satyawati Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Om Prakash Chaube Counsel for Respondent :- C.S.C.,Anuj Kumar,Yatish Kumar Dwivedi
Hon'ble Ajay Bhanot,J.
Learned counsel for the petitioner is permitted to implead the Commissioner, Chitrakoot Division, Banda as respondent No. 6 during the course of the day.
The petitioner has challenged the appointment of respondent No. 5 as a fair price shop dealer of village panchayat Bapretha, District Mahoba.
The learned counsel for the petitioner contends that there are various illegalities in the resolution passed in favour of respondent No. 5 and the same is in the teeth of various Government Orders.
Learned Standing Counsel contends that the petitioner has an alternative and efficacious remedy of filing an appeal against the order of appointment of respondent No. 5 under Order 13 Sub Clause 3 of Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016.
Shri Sudhir Kumar Chandrol holding brief of Shri Yatish Kumar Dwivedi, learned counsel for the respondent No. 5 has adopted the submissions of the learned Standing Counsel, but has also tried to defend the appointment.
The writ petition is not liable to be entertained on grounds of existence of alternative remedy of filing an appeal.
At this stage, the learned counsel for the petitioner submits that since the issue relates to distribution of essential commodities, the appeal may be decided expeditiously within a stipulated period of time.
The learned Standing Counsel has no serious objection to the aforesaid prayer.
In the event the appeal is filed within a period of 15 days from today, the respondent No. 6 (newly added respondent) shall decide the appeal within a period of three months from the date of filing of appeal alongwith certified copy of this order.
It is clarified that in case the appeal is not filed within the stipulated time frame, this direction to decide the appeal within three months shall not be operative.
Subject to the above observations, the writ petition is dismissed.
Order Date :- 24.4.2018 Ravi Prakash