Brijpal vs State Of U.P. Thru Secy. And ...
2013 Latest Caselaw 4145 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?AFR
 
Court No. - 9
 

 
Case :- WRIT - C No. - 37242 of 2013
 

 
Petitioner :- Brijpal
 
Respondent :- State Of U.P. Thru Secy. And Another
 
Counsel for Petitioner :- Raza Ullah Khan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Anjani Kumar Mishra,J.

We have heard Sri Raza Ullah Khan, learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents, and perused the record.

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 18.06.2013 whereby the licence of the petitioner in respect of the Fair Price Shop in question, has been cancelled.

It is not disputed that the petitioner has got an alternative remedy of filing an Appeal before the Divisional Commissioner concerned against the aforesaid Order dated 18.06.2013 cancelling 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 accordingly dismissed on the said ground.

Order Date :- 12.7.2013

AK