Court No. - 1 Case :- MISC. BENCH No. - 863 of 2010 Petitioner :- Suraj Lal S/O Raghuveer Respondent :- S.D.M./Deputy Collector, Sirauli Gauspur & Ors. Petitioner Counsel :- Shri Narayan Pandey 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 15
days, the same shall not be dismissed merely on the ground of limitation but it
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 :- 2.2.2010
LN/-