Court No. - 1 Case :- MISC. BENCH No. - 6841 of 2010 Petitioner :- Rakesh Kumar Pandey Respondent :- State Of U.P.Through Prin. Secy. Food & Civil Sectt. Lko.And Petitioner Counsel :- Ashutosh Mishra Respondent Counsel :- C.S.C. Hon'ble Pradeep Kant,J.
Hon’ble Ritu Raj Awasthi,J.
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 15 days, the
same shall 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 :- 22.7.2010
MFA