Lalvarti Prasad Yadav vs State Of U.P. Thru Secy. And 2 ...
2013 Latest Caselaw 4271 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 38580 of 2013
 

 
Petitioner :- Lalvarti Prasad Yadav
 
Respondent :- State Of U.P. Thru Secy. And 2 Others
 
Counsel for Petitioner :- Ashok Kumar Mishra,Rakesh Chandra Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Anjani Kumar Mishra,J.

      Heard Sri Rakesh Chandra Tiwari, 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 01.07.2013 whereby the licence of the petitioner in respect of the Fair Price Shop in question, has been suspended.

   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 01.07.2013 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 accordingly dismissed on the said ground.

Order Date :- 18.7.2013

AK