Hon'ble Pankaj Mithal,J.
The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 30th July, 2010 (Annexure - 7 to the writ petition) passed by the respondent no.2 whereby the licence of the petitioner in respect of Light Diesel Oil issued under the Uttar Pradesh High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 has been cancelled.
We have heard Sri Rakesh Kumar, learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents No.1 and 2 and perused the record.
As noted above, the writ petition is directed against the order dated 30th July, 2010 whereby the licence issued to the petitioner in respect of Light Diesel Oil under the Uttar Pradesh High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 has been cancelled. Paragraph 9 of the Uttar Pradesh High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 provides as follows:
"Appeal. - (1) Any person, aggrieved by an order of the Licensing Authority refusing to grant or renew a licence, cancelling or suspending a licence or forfeiting the security deposited by the dealer under the provisions of this Order may, within a period of 30 days from the date of receipt of order by him, appeal to the Divisional Commissioner concerned:
Provided that the Divisional Commissioner may entertain an appeal after the expiry of the said period of thirty days but within a period of sixty days of the receipt of the order by such person if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) No such appeal shall be disposed of unless the aggrieved person has been given a reasonable opportunity of stating his case.
(3) Pending the disposal of the appeal, the Divisional Commissioner may stay the operation of the order appealed against.
(4) Subject to decision in the appeal, the order of the Licensing Authority or the Collector, as the case may be, shall be final."
In view of above quoted provisions of paragraph 9 of the Uttar Pradesh High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981, it is evident that the petitioner has an alternative remedy of filing an appeal before the Divisional Commissioner concerned against the aforesaid impugned order dated 30th July, 2010.
Having regard to the nature of controversy in the present writ petition, we are not inclined to exercise our jurisdiction under Article 226 of the Constitution of India in view of availability of alternative remedy to the petitioner of filing appeal before the Divisional Commissioner concerned.
We accordingly dismiss the writ petition on the ground of availability of alternative remedy of filing appeal before the Divisional Commissioner under paragraph 9 of Uttar Pradesh High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981.
We may observe that in case the petitioner files any such appeal within 30 days from today along with a certified copy of this order, the appeal will be entertained by the Divisional Commissioner concerned without raising any objection on the ground of limitation.
In case such an appeal is filed within the aforesaid period, the Divisional Commissioner concerned will proceed to decide the appeal expeditiously, preferably within a period of two months of the filing of such appeal.
Order Date :- 14.2.2011 brizesh