Smt. Seema Devi vs State Of U.P. Thru Secy. And ...
2013 Latest Caselaw 5840 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 49908 of 2013
 

 
Petitioner :- Smt. Seema Devi
 
Respondent :- State Of U.P. Thru Secy. And Another
 
Counsel for Petitioner :- Krishna Kumar Singh
 
Counsel for Respondent :- C.S.C.,Jai Singh Yadav
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Anjani Kumar Mishra,J.

    Heard Shri K.K. 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 27.8.2013 (Annexure-3 to the Writ Petition ), 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 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 :- 16.9.2013

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