Anuj Kumar Trivedi vs State Of U.P. Thru. Prin. Secy. Food And ...
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Allahabad High Court

Anuj Kumar Trivedi vs State Of U.P. Thru. Prin. Secy. Food And ... on 25 May, 2024

Author: Manish Mathur

Bench: Manish Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:40023
 
Court No. - 17
 
Case :- WRIT - C No. - 4726 of 2024
 
Petitioner :- Anuj Kumar Trivedi
 
Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies Govt. Lko And 2 Others
 
Counsel for Petitioner :- Satish Kumar Sharma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.
 

Heard learned counsel for the petitioner and learned State Counsel for the opposite parties who has raised preliminary objection regarding maintainability of this petition in view of the fact that petitioner has alternative and equally efficacious remedy of filing an appeal.

In response thereto learned counsel for petitioner submits that since impugned order has been passed ignoring the specific statutory provision as well as judgments rendered by this Court, order shall be without jurisdiction due to which petition is maintainable.

In view of the submissions advanced by the learned counsel for the petitioner, learned State Counsel is granted two weeks time to obtain instructions and to file a short affidavit on the aspects as to whether ?

a. A complaint which forms the basis of inquiry and impugned order against the petitioner is by a person who was not a card holder of the petitioner and whether the complaint was supported by an affidavit ?

b. Whether the Naib Tahsildar who conducted the inquiry comes within the scope of designated authority in terms of Section 2 (l) of the U.P. Essential Commodities (Regulation of Sale & Distribution Control), Order 2016 ?

c. Whether the Area Rationing Officer would come within the scope of an official higher in rank and status of Naib Tahsildar ?

List this case on 08.7.2024 as fresh.

Order Date :- 25.5.2024

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