RAKESH KUMAR Vs. STATE OF U.P. AND OTHERS
LAWS(ALL)-2013-9-265
HIGH COURT OF ALLAHABAD
Decided on September 09,2013

RAKESH KUMAR Appellant
VERSUS
State of U.P. and others Respondents

JUDGEMENT

- (1.) Heard Sri Subedar Misra, holding brief for Sri S.K. Mishra, learned counsel of the petitioner, and the learned Standing Counsel appearing for respondent Nos. 1, 2 and 3. 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 24th July, 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 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 dismissed on the said ground.;


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