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Adesh Kumar vs State of U.P.

Allahabad High Court · Decided on 15 July 2013 · Citation: (2014) 3 AWC 2319

HON’BLE JUDGES
Satya Poot Mehrotra, J · Anjani Kumar Mishra, J
CASE NUMBER
C.M.W.P. No. 37692 of 2013
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Judgment

5 paragraphs · 179 words

Satya Poot Mehrotra and Anjani Kumar Mishra, JJ.—Heard Sri Nigamendra Shukla, learned counsel for the petitioner and the learned standing counsel appearing for the respondents.

2.

The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the Order dated 23rd May, 2013 whereby the licence of the petitioner in respect of the Fair Price Shop in question, has been suspended.

3.

It is not disputed that the petitioner has got an alternative remedy of filing an appeal before the Divisional Commissioner concerned against the order suspending the licence of the petitioner in respect of the Fair Price Shop in question.

4.

In view of the availability of alternative remedy of filing appeal to the petitioner, we are not inclined to exercise our writ jurisdiction under Article 226 of the Constitution of India in the present case.

5.

The writ petition is liable to be dismissed on the ground of availability of alternative remedy of filing appeal, and the same is accordingly dismissed on the said ground.