Neutral Citation No. - 2025:AHC:60340 Court No. - 33 Case :- WRIT - C No. - 12054 of 2025 Petitioner :- Jagdish Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandeep Kumar Srivastava Counsel for Respondent :- C.S.C.,Sher Bahadur Singh Hon'ble Prakash Padia,J. 1. The fair price shop license of the petitioner was suspended on 02.12.2024 and ultimately the same was cancelled by the respondent No.2/ Sub Divisional Magistrate, Tehsil Nawabganj, District Bareilly vide order dated 05.03.2025. Aggrieved with the aforesaid orders, the petitioner has preferred the present petition. 2. It is argued by learned counsel for the petitioner that the respondent No.2 has not considered the Inquiry report submitted the Block Development Officer, Tehsil Nawabganj, District Bareilly. It is argued that a first Information Report has also been lodged against the petitioner under Section 3/7 Essential Commodities Act in which no charge-sheet has been filed till date. 3. On the other hand it is argued by learned Standing Counsel for respondent Nos.1 to 3 and Sri S.B. Singh, learned counsel for respondent No.4 that against the aforesaid order, a statutory alternative remedy is available to the petitioner to file appeal before the Appellate Authority as provided under Section 13(1) of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order 2016. 4. Heard learned counsel for the parties and perused the record. 5. In the facts and circumstances of the case, the present petition is disposed of permitting the petitioner to file appeal before the Appellate Authority as provided under Section 13(1) of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control) Order 2016 within a period of two weeks from today along with a certified copy of this order. In the case, the appeal has been filed within prescribed period, the Appellate Authority will decide the same strictly in accordance with law most expeditousy and preferably within a period of four months from the date of filing of such appeal. 6. It is made clear that in case, any third party right has been created during the pendency of the appeal, the same is subject to final outcome of the appeal. Order Date :- 22.4.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad