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2025 DAILYLAW 95452 (ALL)

AMAR JEET NISHAD v. STATE OF U.P. AND 4 OTHERS

WRIC/32466/2025 · 2025-09-16

Prakash Padia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 32466 of 2025 Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. 2. The petitioner has preferred present petition inter-alia with the prayer to quash the impugned order dated 02.08.2025 passed by the Sub Divisional Magistrate, Tehsil-Karchhana, District - Prayagraj. By the aforesaid order fair price shop license of the petitioner was cancelled and license granted in favour of the respondent no.5 namely Umesh Chandra Mishra was restored. 3. 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 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 Versus Counsel for Petitioner(s) : Chandan Sharma, Rahul Agarwal Counsel for Respondent(s) : C.S.C., Kalp Dev Mishra Amar Jeet Nishad .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Commissioner." 4. At this stage, a prayer has been made by counsel for the petitioner to dismiss present writ petition as not pressed on the ground of availability of statutory alternative remedy available to the petitioner. 5. In view of the same, present writ petition is dismissed on the ground of availability of statutory alternative remedy. September 17, 2025 Pramod Tripathi WRIC No. 32466 of 2025 2 (Prakash Padia,J.) Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad