Court No. - 1 Case :- MISC. BENCH No. - 39 of 2010 Petitioner :- Vijay Kumar Gupta S/O Malook Chandra Respondent :- State Of U.P. Thru Secy. Civil Supplies & Ors. Petitioner Counsel :- Prince Lenin 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 Commission.
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 limiation 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 :- 6.1.2010
vks