Smt. Mamta Devi v. State of U.P. and 2 Others

Court No. - 6 Case :- WRIT - C No. - 28882 of 2023 Petitioner :- Smt. Mamta Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shashi Kumar Mishra Counsel for Respondent :- C.S.C.,Krishna Kumar Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Shashi Kumar Mishra, learned counsel for the petitioner and learned Standing Counsel for the respondents. This writ petition has been filed by the petitioner with a prayer to quash the cancellation order dated 31.05.2023 issued by respondent no.3 against the petitioner and a further prayer to direct the respondent no.3 to allocate the supply of essential commodity of the petitioner immediately. At the very outset, learned Standing Counsel has raised preliminary objection regarding maintainability of the writ petition as there is an alternative remedy of filing an appeal against the cancellation of fair price shop license. On the aforesaid objection, learned counsel for the petitioner submits that in case the petitioner files an appeal, a direction may be issued to the appellant authority to decide the same within stipulated period. In view of the aforesaid, no useful purpose will be served to keep this writ petition pending and calling for a counter affidavit. Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed of with a direction that in case the petitioner files an appeal before the appellate authority alongwith certified copy of this order within a period of three weeks from today, the appellate authority shall make all endeavours to consider and decide the same, ignoring the delay, if any, after giving opportunity of hearing to all the parties, in accordance with law, by a reasoned and speaking order, within a period of six months from the date of filing appeal. It is made clear that this Court has not examined the merits of the case and the authority concerned shall apply its own mind strictly in accordance with law. Order Date :- 16.10.2023 Jitendra/- High Court of Judicature at Allahabad