Shyam Lal Gupta vs State Of U.P. And 5 Others
2023 Latest Caselaw 15097 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:103337
 
Court No. - 6
 

 
Case :- WRIT - C No. - 15257 of 2023
 

 
Petitioner :- Shyam Lal Gupta
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Bashishth Narayan Upadhyay
 
Counsel for Respondent :- C.S.C.,Azad Rai
 

 
Hon'ble Piyush Agrawal,J.

Learned standing counsel raises a preliminary objection with regard to maintainability of the writ petition alleging that the petitioner has efficacious alternative remedy of appeal to which learned counsel for the petitioner has no objection.

Rebutting the said submission, learned counsel for the petitioner placed reliance upon a judgment dated 10.12.2010 passed in Civil Misc. Writ Petition No. 1642 of 2009 (Chandra Bhan Prasad Gupta vs. State of U.P. and others) and submitted that there is no provision of filing an appeal where the agent has given charge of continuous period in case of suspension/cancellation of fair price shop licence.

Learned standing counsel submits that the petitioner was running fair price shop and is covered under Clause 28(3) read with Clause 2(c) of the U.P. Scheduled Commodities Distribution Order, 2004, therefore the writ petition is not maintainable.

The writ petition is accordingly dismissed on the ground of alternative remedy. In case an appeal is preferred within 15 days that may be entertained without raising objection with regard to the limitation.

Order Date :- 12.5.2023

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