Court No. - 2 Case :- WRIT - C No. - 71377 of 2009 Petitioner :- Ram Sagar Respondent :- State Of U.P. & Others Petitioner Counsel :- Satya Prakash Mishra Respondent Counsel :- C.S.C. Hon'ble Ashok Bhushan,J.
Hon’ble Virendra Singh,J.
Heard, learned counsel for the petitioner.
By this petition, petitioner has prayed for quashing the order passed by the
SDO dated 11/12/2009, by which the petitioner’s fair price agreement has
been cancelled. Learned counsel for the petitioner submits that petitioner has
filed an appeal before the Commissioner after filing of the writ petition.
Petitioner having already availed the statutory remedy of appeal, writ petition
cannot be entertained. Petitioner may pursue his appeal before the
Commissioner.
Learned counsel for the petitioner submits that stay application has already
been filed along with the appeal which may be considered expeditiously by
the Commissioner preferably within a period of two months from the date of
filing a certified copy of this order before him. Till the stay application is
considered in the appeal no third party right may be created. However, the
attachment of the shop shall continue.
With the aforesaid observation writ petition stands disposed of.
Order Date :- 11.1.2010
SB