Ishrar Ahmad vs State Of U.P. And 4 Others
2013 Latest Caselaw 4292 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 38696 of 2013
 

 
Petitioner :- Ishrar Ahmad
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Kalimullah,Bharat Singh Pal
 
Counsel for Respondent :- C.S.C.,R.C. Upadhyay
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Anjani Kumar Mishra,J.

    We have heard Shri Bharat Singh Pal, learned counsel for the petitioner, and the learned Standing Counsel appearing for the respondent nos. 1 to 4.

    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 12th June, 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 Appeal before the Divisional Commissioner concerned against the order 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 dismissed on the said ground.

Order Date :- 18.7.2013

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