Smt. Meena vs State Of U.P. Thru Secy. And ...
2013 Latest Caselaw 5871 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 50377 of 2013
 

 
Petitioner :- Smt. Meena
 
Respondent :- State Of U.P. Thru Secy. And Another
 
Counsel for Petitioner :- Gaurav Sisodia
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Anjani Kumar Mishra,J.

       We have heard Sri Gaurav Sisodia, learned counsel for the petitioner, and the learned Standing Counsel appearing for the respondents.

       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 suspended.

       It is not disputed that the petitioner has got an alternative remedy of filing  an Appeal before the Divisional Commissioner concerned against the order suspending 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 :- 17.9.2013

Priyanka