Court No. - 1 Case :- MISC. BENCH No. - 158 of 2010 Petitioner :- Anjani Kumar S/O Ambika Prasad Respondent :- State Of U.P. Thru Secy. Food & Cv. Supply & Anr. Petitioner Counsel :- Umajeet Gupta Respondent Counsel :- C.S.C. Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
Heard the learned counsel for the parties.
The learned counsel for the State has raised a preliminary objection
that the petitioner has statutory remedy of filing an appeal before the
Commissioner. Learned counsel for the petitioner could not satisfy the court
as to why the petitioner be not relegated to avail the remedy of appeal.
The writ petition is, therefore liable to be dismissed on the ground of
availability of statutory remedy.
However, in case the petitioner files an appeal within a period of two
weeks the same be considered and disposed of expeditiously on merits. The
petitioner may also move an application for interim relief alongwith the
appeal. The stay application shall be disposed of expeditiously preferably
within a period of 15 days.
Subject to above, the writ petition is dismissed.
Order Date :- 11.1.2010
MFA