Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 87277 (ALL)

DAYA SHANKAR PANDEY v. STATE OF U.P. AND 3 OTHERS

WRIC/27962/2025 · 2025-08-19

Prakash Padia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:142954 Court No. - 33 Case :- WRIT - C No. - 27962 of 2025 Petitioner :- Daya Shankar Pandey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Karan Patel Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1.The petitioner has preferred the present petition inter alia with the prayer to quash the impugned orders dated 10/11.07.2025 in Patrank No.382 and order dated 27.05.2025 in Patrank No.338 passed by respondent no.3-Sub-Divisional Magistrate, Tehsil Machhli Shahar, District Jaunpur in Appeal No.43/2022. 2. Vide order dated 27.05.2025 passed by respondent no.3 the petitioner, who is the fair price shop dealer was directed to submit his explanation within a week. 3. After the explanation was submitted by the petitioner, an order was passed by respondent no.3 on 10/11.07.2025 by which the fair price shop license of the petitioner was cancelled. Aggrieved against the aforesaid orders, the petitioner has preferred the present petition. 4. Preliminary objection has been raised by learned Standing counsel that show cause notice dated 27.05.2025 has merged with the final decision taken by the respondent no.3 on 10/11.07.2025. It is argued by him that in case the petitioner is aggrieved by the order dated 10/11.07.2025, passed by the respondent no.3, by which the fair price shop license of the petitioner was cancelled, a statutory alternative remedy is available to the petitioner to file an appeal before the appellate authority. 5. At this point of time, learned counsel for the petitioner prays for withdrawal of the present writ petition with liberty to avail the alternative remedy. 6. This prayer is not opposed by learned Standing counsel for the respondents. 7. Accordingly, this writ petition is dismissed as withdrawn with liberty as prayed. Order Date :- 20.8.2025 S.K. Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad