THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 221 of 2010. Karaj Singh, S/O Bhag Singh, R/O Village Santar Shah, Tehsil Roorkee, District Haridwar. … Petitioner. Vs. 1. State of Uttarakhand through Secretary Food & Civil Supplies, Civil Secretariat, Dehradun. 2. District Magistrate, Haridwar. 3. Sub Divisional Magistrate, Roorkee, District Haridwar. …Respondents. Mr. Ajay Veer Pundir, Advocate, for the petitioner. Mr. K.P.Upadhyay, Additional C.S.C. for the respondents. Date February 24, 2010. Hon’ble B.S.Verma, J. (Stay Application No.933 of 2010) Heard learned counsel for the petitioner and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 27- 1-2010 passed by respondent no.3 (Annexure-5 to the petition), whereby the respondent no.3-Up Ziladhikari Roorkee has cancelled the fair price shop agreement of the petitioner with immediate effect on the ground of violation of agreement conditions. A perusal of the record shows that the cancellation order has been passed by the respondent no.3 on the basis of resignation tendered by him. According to the petitioner, he never resigned from the dealership of shop in question. It is a disputed question of fact, which cannot be examined in exercise of writ jurisdiction whether the petitioner had resigned or not or he had engaged some other person to 2 conduct the business of fair-price shop. Questions of fact can be decided after perusal of evidence. Moreover, alternate remedy of filing statutory appeal before the Commissioner of the concerned Division is available to the petitioner. On the ground of alternate remedy of filing appeal, the writ petition is dismissed. If the appeal is preferred, the Commissioner concerned shall decide the appeal on merits, expeditiously as far as possible. All pending applications stand disposed of. (B.S.Verma,J.) RCP 3