Smt. Shiksha Devi vs State Of U.P. And 2 Ors.
2013 Latest Caselaw 5675 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 48481 of 2013
 

 
Petitioner :- Smt. Shiksha Devi
 
Respondent :- State Of U.P. And 2 Ors.
 
Counsel for Petitioner :- R.B. Singh,Rajesh Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Anjani Kumar Mishra,J.

    Heard Shri R.B. Singh, learned counsel for the petitioner, the learned Standing Counsel appearing for the respondent nos. 1 and  2 and Shri Nitesh Kumar Yadav holding brief for Shri Rajesh Yadav, learned counsel for the respondent no.3, and perused the record.

    The present Writ Petition has been filed under Article 226 of the Constitution of India, inter-alia, praying for quashing the Order dated 27.8.2013( Annexure-1 to the Writ Petition ), 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 said Order dated 27.8.2013.

    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 :- 10.9.2013

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