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Kishori Lal vs State of U.P. and Another

Allahabad High Court · Decided on 6 August 2013 · Citation: (2013) 6 AWC 5493

HON’BLE JUDGES
Satya Poot Mehrotra, J · Anjani Kumar Mishra, J
CASE NUMBER
C.M.W.P. No. 39608 of 2013
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Judgment

3 paragraphs · 182 words

Satya Poot Mehrotra and Anjani Kumar Mishra, JJ.—Heard Sri Umesh Chandra Tiwari, learned counsel for the petitioner and the learned standing counsel appearing for the respondent Nos. 1 and 2, and perused the record. 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 6.5.2013 whereby the licence of the petitioner in respect of the Fair-Price Shop in question, has been cancelled.

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 canceling 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.