Shila Devi vs State Of U.P. And 3 Others
2013 Latest Caselaw 5898 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - C No. - 44115 of 2013
 

 
Petitioner :- Shila Devi
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Prashant K. Lal
 
Counsel for Respondent :- C.S.C.,Rajesh Yadav
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Anjani Kumar Mishra,J.

          We have heard Sri Vijay Kumar Ojha holding brief for Sri Prashant K. Lal, learned counsel for the petitioner, and the learned Standing Counsel appearing for the respondent Nos. 1, 2 and 3.

        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 13th July, 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 dismissed on the said ground.

Order Date :- 18.9.2013

Priyanka