Court No. - 36 Case :- WRIT - C No. - 2181 of 2010 Petitioner :- Satya Narayan Maurya Respondent :- State Of U.P. & Others. Petitioner Counsel :- Jagdish Singh Respondent Counsel :- C.S.C. Hon'ble Prakash Krishna,J.
Hon’ble Yogesh Chandra Gupta,J.
Heard learned counsel for the parties.
Against the impugned order dated 15th October, 2009, petitioner has
alternative remedy of appeal before the Commissioner.
Learned counsel for the petitioner submits that this is the second round of
litigation and on the earlier occasion, appeal filed by petitioner was allowed
and the matter was restored back to the District Magistrate, who again passed
the illegal order and has wrongly taken into consideration the fact that in the
meantime the shop in question has been allotted to 3rd party.
There may be some substance in the aforesaid submission of the learned
counsel for the petitioner but it is desirable that the petitioner should approach
the appellate authority first. Since the matter is old, it is expected from the
appellate authority that if the appeal is filed, the same shall be heard and
decided within a period of three months from the date of filing of the appeal.
With the aforesaid observations, this writ petition is disposed of.
Order Date :- 27.1.2010
NS