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Sanjai Kumar Sharma v. State Of U.P. & Others - WRIT - C No. 17217 of 2007 [2007] RD-AH 6024 (3 April 2007)


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Hon. Anjani Kumar, J.

Hon. Dilip Gupta, J.

The grievance of the petitioner is that he may be permitted to file an appeal before the Commissioner against the order dated 15th January, 1996 passed by the Sub-Divisional Magistrate cancelling the agency of fair price shop of the petitioner.

The petitioner had earlier challenged the aforesaid cancellation order by means of Writ Petition No. 35282 of 1995 which was heard and dismissed on 19th April, 1996 along with number of petitions on the ground of alternative remedy namely that the petitioner could file an appeal before the Divisional Commissioner. This petition has been filed in the year 2007 seeking permission of this Court to file an appeal before the Commissioner.

In our opinion, the petition not only suffers from laches as permission is now being sought to file an appeal against an order passed on 15th January, 1996 but even otherwise the earlier petition filed by the petitioner for challenging the order dated 15th January, 1996 had been dismissed on 19th April, 1996 upholding the preliminary objection raised on behalf of the State that an appeal could be filed against the said order. We are also at a loss to understand why permission to file the appeal should be sought from this Court.

The writ petition is, accordingly, dismissed.  

Date: 3.4.2007



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