Neutral Citation No. - 2025:AHC:81493 Court No. - 33 Case :- WRIT - C No. - 15513 of 2025 Petitioner :- Anant Ram Respondent :- State of U.P. and Another Counsel for Petitioner :- Durga Prasad Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard Sri Durga Prasad Singh, learned counsel for the petitioner and learned Standing Counsel for the respondent-State. 2. The order dated 04.03.2024 as well as order dated 09.07.2024 passed by the respondent no.2-Sub Divisional Magistrate are challenge in the present writ petition. By the aforesaid order agreement for fair price shop license was cancelled only on the ground that petitioner has submitted a resignation letter. 3. It is stated in paragraph-8 of the writ petition that petitioner has never given his resignation from dealership of the fair price shop at any point of time. 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. 5. After hearing counsel for the parties, the Court is of the opinion that factual controversy could not be looked into by this Court under Article 226 of the Constitution of India. Apart from the same, statutory alternative remedy is available to the petitioner to file an appeal before the appellate court, i.e., Commissioner of the Division. 6. In this view of the matter and also in the interest of justice, without interfering with the orders, which are under challenge in the present writ petition, present writ petition is disposed of permitting the petitioner to file an appeal against the aforesaid order before the Divisional Commissioner within a period of four weeks from today. In case it is so the Divisional Commissioner is directed to consider and decide the same strictly in accordance with law within a period of three months from the date of filing of the appeal. It is made clear that the appellate authority will not dismiss the appeal only on the ground of laches. Order Date :- 16.5.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad