Najrana Bi vs State Of U.P. Thru Secy. And 2 ...
2013 Latest Caselaw 5842 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 50222 of 2013
 

 
Petitioner :- Najrana Bi
 
Respondent :- State Of U.P. Thru Secy. And 2 Others
 
Counsel for Petitioner :- Mazhar Ullah
 
Counsel for Respondent :- C.S.C.,B.K. Pandey
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Anjani Kumar Mishra,J.

    We have heard Shri Santosh Kumar Srivastava, holding brief for Shri Mazhar Ullah, learned counsel for the petitioner, the learned Standing Counsel appearing for the respondents, and Shri B.K. Pandey, learned counsel for the Caveator.

    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 29th August, 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 accordingly dismissed on the said ground.

Order Date :- 16.9.2013

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