Court No. - 10
Case :- WRIT - C No. - 41102 of 2018 Petitioner :- Shiv Lakshan Chaudhary Respondent :- State Of U P And 7 Others Counsel for Petitioner :- Chandra Vijai Singh Counsel for Respondent :- C.S.C.,Raj Nath Pandey,Ramesh Chandra Upadhyay
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners, Shri Sanjay Kumar Singh, learned Standing Counsel for the State respondents, Shri R.C. Upadhyay, learned counsel for the sixth respondent and Shri Raj Nath Pandey, leaned counsel for eighth respondent.
The petitioner is before this Court assailing the validity of order dated 05.10.2018 passed by Sub Divisional Magistrate, Tehsil Sadar, Ballia, whereby, the fair price shop license of petitioner has been cancelled. Further prayer has been made to command the respondents to resume the supply of essential commodities to the petitioner for distribution amongst the cardholders/villages.
At the very outset, Shri Sanjay Kumar Singh, learned Standing Counsel raised a preliminary objection regarding maintainability of the present writ petition on the ground that the petitioner has got efficacious alternative remedy to assail the validity of same by preferring an statutory appeal before the Commissioner of the Region and as such, it is submitted that 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 files an appeal within 15 days' from today, the Court hopes and trusts that the Appellate Authority will decide the said appeal in question expeditiously, preferably within a period of two months, 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 :- 20.12.2018 A. Pandey