Court No. - 38 Case :- WRIT - A No. - 45909 of 2010 Petitioner :- Munish Chandra Bairwan Respondent :- State Of U.P. And Others Petitioner Counsel :- Vishal Singh Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing
Counsel.
Petitioner is aggrieved by the order passed by the respondent, by
which the name of the petitioner for refund of the amount already
deducted, has been refused on the ground that the amount has been
withheld on the basis of consent given by the petitioner. Petitioner
submits that he has not given any consent.
In my opinion whether the consent has been given or not, cannot
consider and decide by this Court while exercising the powers
under Article 226 of the Constitution of India, if the petitioner is
aggrieved by the aforesaid finding recorded, he can make an
application to that effect before the authority, who has passed this
order, therefore, this writ petiton cannot be entertained and it is
hereby dismissed.
No order as to costs.
Order Date :- 5.8.2010
Pr/-