Zainab vs State Of U.P. And 4 Others
2022 Latest Caselaw 9563 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 22359 of 2022
 

 
Petitioner :- Zainab
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Shailesh Kumar Shukla
 
Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani
 

 
Hon'ble Ajit Kumar,J.

Heard learned counsel for the petitioner, Sri Ravindra Prasad, learned Advocate holding brief of Sri Kaushal Kishre Mani, learned counsel for the Gaon Sabha as well as Sri R.S. Umrao, learned Standing Counsel.

By means of this petition filed under Article 226 of the Constitution, petitioner has challenged the order of District Magistrate dated 23.06.2022, whereby, the grant of license of fair price shop of the petitioner on compassionate ground has come to be refused only on the ground that the petitioner being grand daughter would not fall within the definition of family as prescribed under the U.P. Essential Commodities (Control of Price and Supply) Order, 2016.

Learned counsel for the petitioner has also relied upon the judgment of a coordinate Bench of this Court in Writ - C No. 32392 of 2021, Sandeep Kumar & Another v. State of U.P. and 5 Others.

Per contra learned Standing Counsel as well as learned counsel for Gaon Sabha submit that the petitioner has an alternative remedy of appeal. They have also pointed out that the petitioner's father is still alive, but was not awarded the fair price shop license only on the ground that there was criminal case registered against him.

Be that as it may, since the petitioner is having an alternative efficacious remedy of appeal against the refusal of grant of fair price shop license under the order dated 23.06.2022 passed by the District Magistrate, I decline to interfere in the matter at this stage. However, it is provided that in the event petitioner preferred appeal within a period of four weeks from today, the same shall be considered in the light of judgment of this Court in Writ - C No. 32392 of 2021, Sandeep Kumar & Another v. State of U.P. and 5 Others and also other relevant factors and circumstances with regard to claim of the petitioner for grant of fair price shop license. The appropriate decision shall be taken by the appellate authority within a further period of eight weeks.

With the aforesaid observations and directions, this petition stands disposed of.

Order Date :- 6.8.2022

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