IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 2728 (MS) of 2011 Narendra Singh …Petitioner Versus State of Uttarakhand and others …Respondents Mr. B.S. Adhikari, Advocate present for the petitioner. Mr. H.M. Raturi, Standing Counsel present for the State of Uttarakhand Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Heard Mr. B.S. Adhikari, Advocate for the petitioner and Mr. H.M. Raturi, Standing Counsel for the State of Uttarakhand. 2. The petitioner has a fair price shop, which is running under the licence/authority granted to him by the State Government. Subsequently, his fair price licence was suspended, against which he filed a statutory appeal before the Divisional Commissioner, Kumaon Mandal, Nainital, which was also dismissed. Meanwhile, District Supply Officer, Udham Singh Nagar cancelled the licence of petitioner vide order dated 17.12.2011. Against this cancellation order of licence dated 17.12.2011, the petitioner filed present writ petition. 3. A preliminary objection has been raised by Mr. H.M. Raturi, Standing Counsel for the State of Uttarakhand on the ground that the petitioner has an alternative remedy by way of filing an appeal before the Divisional Commissioner, “Kumaon Mandal”, Nainital. Mr. B.S. Adhikari, counsel appearing for the petitioner also admits this factual position. However, he states that it would be only a formality as on the last occasion the petitioner filed an appeal before the Commissioner against the suspension of licence and the appeal was dismissed on 2 merits and therefore, no fruitful purpose would be served by filing an appeal before him. This argument of the petitioner is absolutely misplaced. An appeal against the cancellation of licence is provided under the law, i.e. an appeal before the Divisional Commissioner, “Kumaon Mandal”, Nainital. This being the position of law, this writ petition is not maintainable and is hereby dismissed on the ground of alternative remedy available to the petitioner. 4. No order as to costs. (Sudhanshu Dhulia, J.) Dated: 28.12.2011 Virendra