Sangeeta Chandra, J. - (1.) The petitioner has approached this Court against the order dated 28.12.2017 by which the Fair Price Shop licence of the petitioner has been cancelled by the Sub Divisional Magistrate, Koraon, District Allahabad.
(2.) The petitioner has a statutory remedy available to him as per paragraph 13 (1) of the U.P. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016.
(3.) The counsel for petitioner has placed reliance upon a judgment rendered in writ petition No. 10373 of 2011 (M/B): Jagannath Upadhyay Vs. State of U.P. and others decided by a Division Bench of this Court dated 19.10.2011 by which it has been directed that unless statutory appeal is decided Fair Price Shop shall not be allotted to any other person on ad hoc basis and shall be attached to some other neighbouring Fair Price Shop in order to avoid creating third party rights. This judgment has been rendered in a case where statutory remedy had already been availed of and the statutory appeal was pending.;