High Court of Judicature at Allahabad
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Santosh Kumar Gupta v. State Of U.P. And Others - WRIT - C No. 10067 of 2007  RD-AH 3877 (7 March 2007)
Hon. Anjani Kumar, J.
Hon. Dilip Gupta, J.
The petitioner by means of this Writ Petition has challenged the order of suspension of his licence under the relevant Control Order.
The petitioner has been granted licence to run motor spirit and High Speed Diesel outlet. On the basis of the alleged irregularity an FIR has been lodged against the petitioner under Section 3/7 IPC. Counsel for the petitioner states that the proceedings in pursuance of the FIR has been stayed by this Court under Section 482 Cr.P.C. The order impugned purports to suspend petitioner's aforesaid petty diesel licence with immediate effect till further orders.
Under Clause 9 of The Uttar Pradesh High Speed Diesel Oil and Light Diesel Oil (Maintenance of Supplies and Distribution) Order, 1981 an appeal lies against the said order of suspension. In this view of the matter, the petitioner has an alternative remedy of filing appeal against the impugned suspension order.
We, therefore, decline to interfere with the aforesaid order of suspension of petitioner's licence and without entering into the merits of the case of the petitioner dismiss this petition on the ground of availability of alternative remedy.
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