Court No. - 1 Case :- MISC. BENCH No. - 7559 of 2010 Petitioner :- Rekha Devi Respondent :- District Supply Officer Kheri And Ors. Petitioner Counsel :- Ramakant Srivastava Respondent Counsel :- C.S.C.,R.N.Gupta 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 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 :- 6.8.2010
MFA