KOMAL MAHIL SWAYAM SAHAYTA SAMUH v. STATE OF U.P. AND 4 OTHERS
WRIC/14280/2025 · 2025-05-06
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52210 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52210 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:74054 Court No. - 33 Case :- WRIT - C No. - 14280 of 2025 Petitioner :- Komal Mahil Swayam Sahayta Samuh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anjeet Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. Order dated 09.11.2024 passed by the respondent no.2-Sub Divisional Officer, Tehsil Khaga, District Fatehpur by which fair price shop license of the petitioner has been cancelled, 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 :- 7.5.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad