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2025 DAILYLAW 94581 (ALL)

RAM JI TIWARI v. STATE OF U.P. AND 2 OTHERS

WRIC/31907/2025 · 2025-09-22

Prakash Padia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31907 of 2025 Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. Vide order dated 19.08.2025 passed by the Respondent no.2 namely Sub-Divisional Officer, Auraiya the fair price shop license of the petitioner was cancelled. 2. Shri Vipin Kumar Kushwaha, learned counsel put up his appearance on behalf of Respondent No.3/ complainant/ Ravi Kumar. 3. Heard counsel for the petitioner, learned Standing Counsel accepted notice on behalf of Respondent Nos.1 & 2, Shri Vipin Kumar Kushwaha, learned counsel appearing on behalf of Respondent no.3. 4. A preliminary objection has been raised by the learned Counsel for the Respondents that against the order impugned statutory alternative remedy is available to the petitioner to file an appeal before the appellate forum as provided under Section 13(1) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order (2016). 5. This fact is also admitted by the counsel for the petitioner. 6. Heard counsel for the parties and perused the record. 7. In the facts and circumstances of the case and without interfering with the order dated 19.08.2025 passed by the Respondent no.2, the present writ petition is disposed of finally permitting the petitioner to file an appeal before the appellate forum. In case such appeal is filed within a period of two weeks from today, the appellate authority will consider and decide the same after providing an opportunity of hearing to all the parties concerned, most expeditiously and preferably within a period of two months thereafter. Versus Counsel for Petitioner(s) : Vinod Kumar Sharma Counsel for Respondent(s) : C.S.C. Ram Ji Tiwari .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 8. Any third party right created will be subject to the final decision in the matter. September 23, 2025 Swati WRIC No. 31907 of 2025 2 (Prakash Padia,J.) Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad