Allahabad HC: Person Reposing Faith in Islam Cannot Claim Right in Nature of Live-in-Relationship  ||  Bom. HC: Renaming of Aurangabad and Osmanabad to Chhatrapati Sambhajinagar And Dharashiv Upheld  ||  SC: Time Limit u/s 14(3) of JJ Act to Ascertain Physical & Mental Health of Juvenile is Directory  ||  SC: History Sheets Shouldn’t Contain Name of Innocent Indiv. Solely Because of their Caste or Backg.  ||  Centre to Withdraw Letter Asking States to Not Take Action Against Ayurvedic & Ayush Products Ads  ||  Centre to Withdraw Letter Asking States to Not Take Action Against Ayurvedic & Ayush Products Ads  ||  Directions Against Misleading Advertisements Issued by Supreme Court  ||  Del. HC: Rs. 1 Lakh Cost Imposed on Person Who Made Lord Hanuman Party in Property Dispute  ||  Ker. HC: Termination of 27 Weeks Pregnancy Citing Foetal Abnormalities Permitted  ||  SC: Inclined to Hold That Accused in One Case Shouldn’t be Denied Anticipatory Bail in Another Case    

Aggarwal Store Vs. Govt. of NCT of Delhi and Ors. - (High Court of Delhi) (04 Oct 2023)

Court is not inclined to examine the order of Special Commissioner under Article 226 of Constitution, when alternate remedy is available

MANU/DE/6719/2023

Commercial

The Petitioner seeks to challenge the Order passed by the Special Commissioner, affirming the Order passed by the Assistant Commissioner cancelling the licence granted to the Petitioner for running a Fair Price Shop (FPS) and the Order correcting the typographical errors regarding the net variation of the specific articles (SFAs) from 19.91 quintals to 199.18 quintals passed by Assistant Commissioner.

A scrutiny of the material on record discloses that the Petitioner has in fact has filed an appeal before the Financial Commissioner and the Financial Commissioner is yet to dispose of the appeal.

In view of the fact that a remedy is provided under the Delhi Specified Articles (Regulation of Distribution) Order, 1981, this Court is not inclined to proceed ahead with the writ petition, especially, in view of the fact that the Petitioner has already availed the alternate remedy by approaching the Financial Commissioner provided under the Delhi Specified Articles (Regulation of Distribution) Order, 1981. Any observation made against the Petitioner will prejudice the case of the Petitioner in the appeal before the Financial Commissioner.

After availing the remedy under Section 6 of the Delhi Specified Articles (Regulation of Distribution) Order, 1981, it was not open to the Petitioner to avail the remedy of filing a writ petition. In view of the availability of an alternate remedy which has been availed by the Petitioner, this Court is not inclined to examine the order of the Special Commissioner under Article 226 of the Constitution of India. Financial Commissioner is directed to dispose of the appeal. Petition disposed off.

Tags : LICENCE   CANCELLATION   ALTERNATE REMEDY  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved