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Hamid Ali vs State of U.P. and Others

Allahabad High Court · Decided on 30 July 2013 · Citation: (2014) 2 ALJ 150 : (2014) 4 AWC 4158

HON’BLE JUDGES
Satya Poot Mehrotra, J · Anjani Kumar Mishra, J
RESULT
Dismissed
CASE NUMBER
Civil Misc. Writ Petition No. 40882 of 2013
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Judgment

3 paragraphs · 182 words
1.

Heard Sri. Hari Om Khare, learned counsel for the petitioner, the learned Standing Counsel appearing for the respondent Nos. 1 to 3 and Sri. A.K. Srivastava, learned counsel for the caveator-respondent No. 4, and perused the record. The present Writ Petition has been filed under Article 226 of the Constitution of India, inter-alia, praying for quashing the order dated 15.3.2013 whereby the licence of the petitioner in respect of the Fair-Price Shop in question, has been suspended.

2.

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.

3.

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. 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.