Harkisun vs State Of U.P. And Another
2013 Latest Caselaw 4474 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 39345 of 2013
 

 
Petitioner :- Harkisun
 
Respondent :- State Of U.P. And Another
 
Counsel for Petitioner :- Rakesh Kr. Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Anjani Kumar Mishra,J.

    We have heard Shri Sanjeev Kumar, holding brief for Shri Rakesh Kumar Shukla, learned counsel for the petitioner, and the learned Standing Counsel appearing for the respondent nos. 1 and 2.

    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 2nd July, 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 :- 23.7.2013

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