Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31475 of 2025 Court No. - 6 HON'BLE PRAKASH PADIA, J.
1. The order dated 07.08.2025 passed by the respondent No.2/Sub Divisional Officer, Tilhar District Shahjahanpur by which the fair price shop license of the petitioner has been cancelled is under challenge.
2. Today when the matter is taken up, a preliminary objection has been raised by learned Standing Counsel that against the
order impugned, the petitioner has statutory alternative remedy to file appeal before the Commissioner of the Division as provided under Section 13(3) of the Uttar Pradesh Essential Commodities (Regulation of Sale and Distribution Control)
Order, 2016.
3. In response to the same, it is argued by learned counsel for the petitioner that since the order impugned has been passed in complete violation of principles of natural justice, the writ petition is fully maintainable.
4. From perusal of the record, it transpires that before passing the order dated 07.08.2024, show cause notice was issued to the petitioner and reply of the aforesaid notice was submitted by the petitioner and after taking into consideration of the reply submitted by the petitioner, the order impugned has been Versus Counsel for Petitioner(s) : Gaurav Sisodia Counsel for Respondent(s) : C.S.C., Gaurav Gupta Ramveer .....Petitioner(s) State of U.P. and Another .....Respondent(s)
passed.
5. In this view of the matter the Court is of the prima facie opinion that the order impugned has been passed as per procedure prescribed in law.
6. Heard learned counsel for the parties and perused the record.
7. In the facts and circumstances of the case and without interfering with the order dated 07.08.2025 passed by the respondent No.2/Sub Divisional Officer, Tilhar District Shahjahanpur, the present petition is disposed of the permitting the petitioner to file statutory appeal against the aforesaid order within period of three weeks from today before the Appellate Authority. In case, the petitioner does so, the Appellate Authority will decide the aforesaid appeal on merits expeditiously and strictly in accordance with law but without granting any unnecessary adjournment to any of the parties unless there is no legal impediment.
8. It is made clear that the Appellate Authority will not dismiss the aforesaid appeal only on the ground of latches. September 17, 2025 saqlain WRIC No. 31475 of 2025 2 (Prakash Padia,J.) Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad