Court No. - 10
Case :- WRIT - C No. - 41921 of 2018 Petitioner :- Shri Tahir Ali Respondent :- State Of U.P. And Another Counsel for Petitioner :- Vijay Shanker Singh,Kamla Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
By means of present writ petition the petitioner has challenged the impugned order dated 20.11.2018, by which his fair price shop licence has been cancelled by respondent no.2.
Ms. Kamla Singh, learned counsel for the petitioner has placed reliance on the judgements of this Court in Writ C No.39421 of 2018 (Rajvir Singh vs. State of UP and 3 others) decided 3.12.2018; Mahendra Singh vs. State of UP and another 2016 LawSuit (All) 2616; Writ C No.34755 of 2013 (Ausaf Ali vs. State of UP and 2 others) decided 5.11.2015 and Abu Baker vs. State of UP and others 2010 (6) ADJ 339.
Learned Standing Counsel has raised a preliminary objection regarding maintainability of the present writ petition on the ground that the petitioner has got efficacious alternative remedy for filing an appeal before the Commissioner of the Division.
In view of above, the writ petition is disposed of with observation that if the petitioner files an appeal against the impugned order alongwith the stay application within 15 days' from today, the Appellate Authority will consider and decide the stay application within two weeks from the date of filing of the appeal. The appeal may also be decided within three months thereafter.
Order Date :- 18.12.2018 RKP