WRIC/11983/2025 of DALBAHADUR SINGH AND ANOTHER Vs STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 7 OTHERS on 11 December 2025

1. Heard Shri Adarsh Kumar Maurya, learned counsel for the petitioners, Shri Ashutosh Srivastava, learned Standing Counsel appearing for the State, Shri Dilip Kumar Pandey, learned counsel for respondent no.7 and Shri Gopesh Tripathi, learned counsel for the respondent no.8, whose vakalatnama filed today is taken on record.

2. By means of the present petition, the petitioners have challenged the validity of the order dated 28.09.2024 passed by the Sub-Divisional Magistrate, Tehsil- Maharajganj, Raebareily whereby, the fair price shop in question has been allotted to the respondent no.8.

3. The learned counsel for the respondents have raised preliminary objection that the petitioners have got the remedy of filing of appeal under Clause 13(3) of UP. Essential Commodities (Regulation of Sale and Distribution Control) Order, 2016 available, therefore, the present petition is not maintainable. They have also objected that the impugned order was passed on 28.09.2024 and the present petition has been filed after a delay of more than one year without assigning any reason for the same. Therefore, the petition must be dismissed.

4. In view of the above, the present petition stands dismissed by leaving it open to the petitioners to file an appeal along with the delay condonation application and the Appellate Authority shall also look into the question of delay, in case, any appeal is filed before it. (Subhash Vidyarthi,J.) December 11, 2025 V. Sinha Versus Counsel for Petitioner(s) : Adarsh Kumar Maurya Counsel for Respondent(s) : C.S.C., Dilip Kumar Pandey, Gopesh Tripathi Dalbahadur Singh And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 7 Others .....Respondent(s) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench