1. File taken up as per the orders of the Hon'ble Senior Judge.
2. Heard Sri Nagendra Bahadur Singh, learned counsel for the petitioner and Sri Devesh Mishra, learned counsel for the respondents.
3. By way of the present writ petition, the petitioner has challenged the order dated 16.05.2019 passed by respondent No.3, Sub-Divisional Magistrate, Lalganj, Pratapgarh whereby the license of the fair price shop of the petitioner has been suspended.
4. Learned counsel for the petitioner submits that the petitioner was alloted a license for running fair price shop, the respondents have suspended the said license vide impugned order dated 16.05.2019 without giving any opportunity of hearing to the petitioner. He also submits that the petitioner has filed reply to the order/show cause notice dated 16.05.2019 and the same is pending.
5. Learned counsel for the respondents submits that the writ petition is not maintainable as an alternative efficacious remedy is available to the petitioner.
6. On a specific query put to learned counsel for the petitioner regarding maintainability of the writ petition, learned counsel for the petitioner submits that the impugned order dated 16.05.2019 has been passed without affording any opportunity of hearing to the petitioner. He also submits that the petitioner has filed to the same.
7. At this juncture, it is relevant to consider the relevant provisions of Order 13 of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016. Order 13 reads as under:-
"(1) Appeal in relation to action or subject covered under the National Food Security Act, 2013 and rules framed under it shall lie before the authority mentioned in sub-clause (10) of clause (11) of this order but appeal against appointment, suspension and cancellation of fair price shop by the Competent Authority shall lie before the Divisional Commissioner.
(2) Any person aggrieved by an order of the Designated Authority denying the issue or renewal of a ration card or cancellation of the ration card under the National Food Security Act, 2013 may appeal to the Appellate Authority within thirty days of the date of receipt of the order.
(3) Any person aggrieved by an order of the Competent Authority denying the issue or renewal of the agreement of the fair price ship owner, suspension or cancellation of the agreement may appeal to the Appellate Authority namely the Divisional Commissioner or the Joint Commissioner/Deputy Commissioner (Food) authorized by him in writing to hear and dispose appeal within thirty days of the date of receipt of the order and the Appellate Authority shall, as far as practicable, dispose the appeal within a period of sixty days:
..............
.............."
8. From a bare reading of Order 13 of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016, it is manifestly clear that an appeal would lie under Order 13 of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 before the Divisional Commissioner against an order of suspension of fair price shop.
9. In the instant Case, the license for running fair price shop has been suspended vide order dated 16.05.2019 and an alternative remedy is available to the petitioner.
10. Admittedly, the petitioner has not filed any appeal against the impugned order dated 16.05.2019.
11. Accordingly, the present writ petition is liable to be dismissed and the same is hereby dismissed.
(Ved Prakash Vaish) Judge Order Date :- 31.7.2019 cks/-