Court No. - 10
Case :- WRIT - C No. - 3035 of 2019 Petitioner :- Shobh Nath Gupta Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nagendra Nath Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Apurva Hajela, learned Standing Counsel.
In view of the order proposed to be passed notices need not go to private respondent.
The petitioner is before this Court assailing the order dated 27.1.2018 passed by second respondent by which the fair price shop in question has been settled in favour of fourth respondent and also for a direction to the respondents for supplying the essential commodities as supplied prior to the order dated 27.1.2018 passed by second respondent.
At the very outset, Shri Apurva Hajela, learned Standing Counsel raised preliminary objections on two grounds firstly that the writ petition is liable to be dismissed on the ground of delay and laches and secondly against the order impugned the petitioner has got alternative efficacious remedy in the matter.
The Court has proceeding to examine the record in question and find that once alternative efficacious remedy is available, there is no reason or occasion to by-pass the same. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of with observation that in case any appeal is preferred along with delay condonation application within ten days, the appellate authority may consider the delay condonation application sympathetically and decide the same expeditiously.
Order Date :- 29.1.2019 SP/