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Neutral Citation No. - 2025:AHC:52472 Court No. - 33 Case :- WRIT - C No. - 10626 of 2025 Petitioner :- Shivcharan Ram Respondent :- State Of U.P, And 3 Others Counsel for Petitioner :- Vikalp Kumar Rai,Vivek Chaturvedi Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. The petitioner is a fair price shop license holder. The license of fair price shop was suspended by the respondent no.2- Commissioner, Varanasi Division, Varanasi vide order dated
10.07.2024. Subsequently vide order dated 17.12.2024 license of the fair price shop of the petitioner was cancelled. Aggrieved against the aforesaid petitioner has preferred present writ petition.
2. Apart from other various arguments it is argued that the order impugned has been passed in complete violation of Government Orders dated 05.08.2019, 29.07.2004 and 14.10.2004 as well as judgement of the Hon'ble Apex Court passed in Bajrangi Tiwari Vs. Commissioner Devi Patan Mandal, Gonda and another reported in 2017 SCC Online All 2929.
3. A preliminary objection has been raised by counsel for the respondents that against the aforesaid order 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.
4. Heard learned counsel for the parties and perused the records.
5. In the facts and circumstances of the case, without interfering with the aforesaid order, which are under challenge, the present
writ petition is disposed of finally with liberty 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 within a period of two weeks from today. If it is so appellate authority is directed to take a decision in the matter strictly in accordance with law most expeditiously and positively within two months. Order Date :- 10.4.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad