Court No. - 6 Case :- WRIT - C No. - 3132 of 2010 Petitioner :- Raghuveer Singh Respondent :- Addl. Commissioner (Judicial) And Others Petitioner Counsel :- Arvind Srivastava Iii Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Heard Sri Arvind Srivastava, learned counsel for the petitioner and
the learned Standing counsel for respondents no. 1,2 and 3.
Petitioner, by means of this petition, has challenged the order
dated 31.10.2009 as well as the entire proceedings of Misc. Case
No. 1 of 2008-09 where in the said order has been passed.
Against the order dated 31.10.2009 passed by the Collector
Rampur (Sanyukta Samaddar) in Misc. case no. 1 of 2008-09
Yashpal Singh and others Vs. State of U.P., and others the
petitioner has already preferred a revision before the Additional
Commissioner, Moradabad on 7.11.2009.
Learned counsel for the petitioner has submitted that the order of
the Collector, Rampur is without jurisdiction and as such is a
nullity.
Once, the petitioner has already availed an alternative remedy of
filing a revision which is pending, I am not inclined to interfere in
the matter at this stage. The question of jurisdiction can also be
effectively considered in the revision.
The primary grievance of the petitioner appears to be that his
application for interim order in the aforesaid revision is not being
considered.
Learned Standing counsel submits if that be so the Additional
Commissioner (Judicial) would consider the application for
interim order within a reasonable time or in the alternative decide
the revision itself on merits.
In view of the above and the submissions advanced, the writ
petition is disposed of with the direction to the Additional
Commissioner (Judicial) Moradabad, Division Moradabad
respondent no. 1 to consider and decide the petitioner’s application
for interim order within one month and the aforesaid revision itself
in accordance with law as expeditiously as possible preferably
within a period of six months from the date of production of the
certified copy of this order.
Petition disposed of accordingly.
Order Date :- 25.1.2010
SKS