District Wholesale (Thoak) ... vs State Of U.P. Thru Secy. And 2 ...
2013 Latest Caselaw 5760 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 49241 of 2013
 

 
Petitioner :- District Wholesale (Thoak) Central Consumer Coop.Stores Ltd.
 
Respondent :- State Of U.P. Thru Secy. And 2 Others
 
Counsel for Petitioner :- Suresh Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Anjani Kumar Mishra,J.

    Heard Shri Suresh Singh, 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 under Article 226 of the Constitution of India, inter-alia, praying for quashing the Order dated 14.8.2013 (Annexure-13 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 14.8.2013.

    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 :- 12.9.2013

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