Gyan Singh vs State Of U.P. And 2 Others
2013 Latest Caselaw 3802 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?AFR
 
Court No. - 9
 

 
Case :- WRIT - C No. - 35611 of 2013
 

 
Petitioner :- Gyan Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Shiv Nath Singh,Ajai Kumar,Satyam Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Anjani Kumar Mishra,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 6th June, 2013 whereby the licence of the petitioner in respect of the Fair Price Shop in question has been suspended, and the Consequential Order dated 11th June, 2013 passed pursuant to the Order dated 6th June, 2013.

    It is not disputed that the petitioner has got an alternative remedy of filing Appeal before the Divisional Commissioner concerned against the order suspending the licence of the petitioner in respect of the Fair Price Shop in question.

    In view of the availability of alternative remedy of filing Appeal to the petitioner, we are not inclined to exercise our Writ Jurisdiction under Article 226 of the Constitution of India in the present case.

    The Writ Petition is liable to be dismissed on the ground of availability of alternative remedy of filing Appeal, and the same is dismissed on the said ground.

Order Date :- 8.7.2013

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