HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34027 of 2025 Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents no.1 to 3, Sri Azad Rai, learned counsel for the respondent no.4 and perused the records. 2. The order dated 08.04.2025 passed by the respondent no.2 is under challenge in the present writ petition. By the aforesaid order fair prices shop license of the petitioner was cancelled due to submission of his resignation on 21.03.2025. 3. It is argued by counsel for the petitioner that at no point of time any such resignation letter has been submitted by the petitioner. 4. On the other hand it is argued by learned Standing Counsel that against the order impugned statutory alternative remedy is available to the petitioner to file an appeal under Clause 13 (1) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016. The Clause 13 (1) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 is reproduced hereinbelow :- "13. Appeal -(1) Appeal in relation to action or subject covered under the National Food Security Act, 2013 and rules framed under it shall lie before the authority mentioned in sub-clause (10) of clause 11 of this Versus Counsel for Petitioner(s) : Akhilesh Kumar Counsel for Respondent(s) : Azad Rai, C.S.C. Satendra .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) order but appeal against appointment, suspension and cancellation of fair price shop by the competent authority shall lie before the Divisional Commissioner." 5. This fact is also admitted by counsel for the petitioner. 6. In view of the same, without interfering with the order, which is under challenge, the present writ petition is disposed of permitting the petitioner to file an appeal before the appellate authority as stated above, if so advised. September 25, 2025 Pramod Tripathi WRIC No. 34027 of 2025 2 (Prakash Padia,J.) Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad