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Smt. Sontara vs State of U.P. and Another

Allahabad High Court · Decided on 11 September 2013 · Citation: (2013) 6 AWC 6093

HON’BLE JUDGES
Satya Poot Mehrotra, J · Anjani Kumar Mishra, J
RESULT
Dismissed
CASE NUMBER
C.M.W.P. No. 49159 of 2013
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Judgment

3 paragraphs · 176 words

Satya Poot Mehrotra and Anjani Kumar Mishra, JJ.—We have heard Sri Upendra Upadhyaya, learned counsel for the petitioner and the learned standing counsel appearing for the respondents. The present writ petition has been filed under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 12.8.2013 passed 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 an appeal, and the same is accordingly dismissed on the said ground.