Court No. - 35
Case :- WRIT TAX No. - 521 of 2018 Petitioner :- Ajay Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dilip Kumar Goswami,Anil Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Bharati Sapru,J. Hon'ble Neeraj Tiwari,J.
Heard Sri Anil Tiwari, Advocate assisted by Sri Dilip Kumar Goswami, learned Counsel for the petitioner and Sri Nimai Dass, learned Standing Counsel for the respondent-State.
Against the impugned order the petitioner has a statutory remedy of filing an appeal under the Act itself. It is open to the petitioner to take recourse to the remedies available to him under the Act.
The Hon'ble Apex Court in a recent decision in the case of Authorized Officer, State Bank of Travancore and another vs. Mathew K.C. (Civil Appeal No.1281 of 2018 arising out of SLP (C) No.24610 of 2015) has observed that the writ petitions should not entertained where the statutory remedies are available.
We are not inclined to interfere in this matter at this stage.
This writ petition is dismissed on the ground of alternative remedy.
In case, the petitioner files an appeal within a period of fifteen days from today, the delay, if any, in filing the appeal may be treated to have been condoned.
Order Date :- 29.3.2018 S.P.