Court No. - 18
Case :- WRIT - C No. - 33659 of 2021 Petitioner :- Smt. Usha Devi Respondent :- State Of U P And Another Counsel for Petitioner :- Upendra Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents Learned Standing Counsel has raised preliminary objection and submitted that petitioner has remedy to file appeal before the Divisional Commissioner under Order 13 of Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, therefore, writ petition may be dismissed on the ground of alternative remedy, which could not be disputed by the learned counsel for the petitioner.
Under such facts and circumstances of the case, writ petition is dismissed with liberty to the petitioner to file appeal before the Divisional Commissioner.
At this stage, learned counsel for the petitioner submitted that there is some delay in filing appeal, therefore, Court may please to condone the same and direction may be issued to the Divisional Commissioner to decide the appeal on merits for which learned counsel for respondents have no objection.
Considering the submissions raised learned counsel for the parties, in case any such appeal is filed within three weeks from today, the same shall not be rejected on the ground of laches, but be decided on merits. All endeavor shall be made to decide the appeal maximum within two months from the date of filing of appeal.
Order Date :- 17.12.2021 Rmk.