Court No. - 10
Case :- WRIT - C No. - 6612 of 2019 Petitioner :- Sompal Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Darwari Lal Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Sri S.R. Tripathi, learned Standing Counsel.
Petitioner is assailing the order impugned dated 06.02.2019 passed by the second respondent whereby the fair price shop of the petitioner has been placed under suspension.
The precise case has been set up that the entire action so taken by the authorities is in teeth of the Government Order dated 29.7.2004 and the Full Bench of this Court in Puran Singh Vs. State of U.P. and others reported in 2010 (2) UPLBEC 947. It is also contended that against the order impugned the petitioner has filed detailed objection on 10.01.2019 and the same may be directed to be decided before finalising the proceeding in question.
Learned Standing Counsel raised preliminary objection on the ground that against the order impugned the petitioner has got efficacious alternative remedy of filing an appeal and as such the writ petition is liable to be dismissed.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition is disposed of finally with a direction that the the competent authority would proceed strictly in accordance with law to decide the objection and finalise the proceedings preferably within two months time in the light of the Government Order dated 29.7.2004 and Full Bench decision of this Court in Puran Singh (supra).
Order Date :- 26.2.2019 SP/