Court No. - 38 Case :- WRIT - A No. - 71819 of 2009 Petitioner :- Smt. Bahuraji & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Rajeev Chaddha Respondent Counsel :- C.S.C. Hon'ble Amreshwar Pratap Sahi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Learned counsel for the petitioner Sri Rajeev Chaddha contends that it
was under a bonafide legal advice that a Suit had been filed but no relief
could be granted. He contends that as a matter of fact for the purpose of
such recovery of government dues, the petitioners ought to have
approached the departmental authorities for redressal of the grievances.
Keeping in view the nature of the claim which cannot be allowed to be
defeated on account of an inappropriate proceeding instituted by the
petitioner, this writ petition is disposed with a direction to respondent
No.2 to consider the claim of the petitioner and pass an appropriate
order in accordance with law within 3 months from the date of
production of a certified copy of this order before him provided no
adverse orders have been passed by the Civil Court.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 6.1.2010
Irshad