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2025 DAILYLAW 22937 (ALL)

VIKAS KUMAR v. STATE OF U.P. AND 2 OTHERS

WRIC/5669/2025 · 2025-05-07

Prakash Padia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 33 Case :- WRIT - C No. - 5669 of 2025 Petitioner :- Vikas Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vijay Shantam Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Order dated 06.12.2024 passed by the respondent no.3-Sub Divisional Officer, Tehsil Dehai, District Bulandshahar by which the right of the petitioner to run the fair price ration shop for the village Asadpur Gher, Block Danpur, Police Station Dehai, District Bulandshahr was cancelled after confiscating the security deposit of Rs. 10,000/-, is under challenge. 2. Preliminary objection has been raised by learned Standing Counsel appearing on behalf of the State-respondents that against the aforesaid order, statutory alternative remedy is available to the petitioner to file an appeal as provided under Section 13 (1) of Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016. 3. In this view of the matter, the present writ petition is dismissed on the ground of statutory alternative remedy. 4. In case petitioner will file an appeal as provided under the aforesaid control order within a period of three weeks from today, the authorities concerned will decided the same on merits. 5. It is made clear that authorities concerned will not dismiss the appeal on the ground of laches. 6. Office is directed to return the copy of the judgment of the lower court after retaining the Xerox copy of the same. Order Date :- 8.5.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad