Court No. - 10
Case :- WRIT - C No. - 42483 of 2018 Petitioner :- Smt. Tabasum Begum Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Indra Mohan Singh Counsel for Respondent :- C.S.C.,Nishant Dwivedi
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner; Shri Sanjai Ram Tripathi, learned Standing Counsel for the State respondents and Shri Nishant Dwivedi, learned counsel for respondent no.5.
By means of present writ petition the petitioner has challenged the impugned order dated 31.10.2018 passed by the Sub Divisional Magistrate, Jalesar, District Etah by which the respondent no.5 has been appointed as fair price shop dealer of Village Panchayat Maqsudpur, Block Awagar, District Etah.
At the very outset, learned Standing Counsel has raised a preliminary objection regarding maintainability of the present writ petition on the ground that in case the petitioner is apprehending that there was any malpractices in settling the fair price shop in question she can very well avail the alternative forum and as such, the writ petition is liable to be dismissed on the ground of alternative remedy.
In view of above, the writ petition is disposed of with observation that if the petitioner files an appeal against the impugned order within 15 days' from today, the Appellate Authority will proceed on the merit of the case and decide the appeal in question within next two months after affording opportunity of hearing to the fifth respondent.
Order Date :- 19.12.2018 RKP