Sham Sheeda Begum vs State of U.P. and another

Satya Poot Mehrotra and Yogesh Chandra Gupta, JJ.—The present writ petition has been filed on behalf of the petitioner, inter alia praying for quashing the order dated 9.9.2011 whereby the licence of the petitioner, in respect of Fair Price Shop in question, has been suspended. The learned standing counsel, appearing for the respondents has raised a preliminary objection that the petitioner has got an alternative remedy of filing an appeal before the Divisional Commissioner against the impugned order dated 9.9.2011.

We have considered the preliminary objection raised by the learned standing counsel, appearing for the respondents, and we are inclined to accept the same.

Clause 28 of the U.P. Scheduled Commodities Distribution Order, 2004 makes provision for appeal before the Divisional Commissioner concerned against an order of the Competent Authority suspending or cancelling Agreement of the Fair Price Shop.

Hence, it is open to the petitioner to file appeal before the Divisional Commissioner concerned against the said order dated 9.9.2011. In view of the above, the present writ petition filed by the petitioner is liable to be dismissed on the ground of availability to the petitioner of alternative remedy of filing appeal before the Divisional Commissioner concerned.

The writ petition is accordingly dismissed on the said ground.