Neutral Citation No. - 2025:AHC:113843 Court No. - 33 Case :- WRIT - C No. - 22335 of 2025 Petitioner :- Amarjeet Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raees Ahamad,Sanjay Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. A preliminary objection has been raised by learned Standing Counsel that against the order impugned statutory alternative remedy is available to the petitioner to file an appeal against the order dated 29.02.2024 passed by S.D.M., Tehsil-Nichlaul, District Maharajganj/respondent no.3 under Clause 13 (1) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016. The Clause 13 (1) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 is reproduced hereinbelow :- "13. Appeal -(1) Appeal in relation to action or subject covered under the National Food Security Act, 2013 and rules framed under it shall lie before the authority mentioned in sub- clause (10) of clause 11 of this order but appeal against appointment, suspension and cancellation of fair price shop by the competent authority shall lie before the Divisional Commissioner." 3. At this stage, a prayer has been made to dismiss present writ petition on the ground of availability of statutory alternative remedy available to the petitioner. 4. In view of the same, present writ petition is dismissed on the ground of availability of statutory alternative remedy. 5. It is made clear that in case an appeal is filed along-with application for condonation of delay by the petitioner within a period of three weeks from today, the appellate authority is directed to consider and decide the same sympathetically. Order Date :- 15.7.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad