Court No. - 42
Case :- WRIT - C No. - 12459 of 2020 Petitioner :- Anil Kumar Mishra Respondent :- Deputy Collector And 2 Others Counsel for Petitioner :- Yash Padia Counsel for Respondent :- C.S.C.,Manish Pandey,Radhey Krishna Pandey
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents.
Sri Radhey Krishna Pandey, learned counsel for the caveator is present.
Present petition has been filed with following prayer:-
"(i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 5.6.2020 passed by the respondent no. 1 (Annexure no. 4 to the writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to restore the supply of scheduled commodity to the petitioner to be distributed to the card holders;
(iii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case;
(iv) Award costs in favour of the petitioner throughout."
The impugned order is being challenged on various grounds, which includes the factual aspects of the matter. It could not be disputed that the reply was submitted by the petitioner. However, Submission of learned counsel for the petitioner is that the said reply not at all been considered by the authority concerned while passing the impugned order.
Learned counsel for the petitioner, however, could not dispute the legal position that the petitioner has statutory remedy of filing appeal against the impugned order.
In such view of the matter, this Court is of the opinion that consideration of various factual aspects as are being asserted may be required, therefore, I am not inclined to entertain the present petition.
Accordingly, present petition stands disposed of with liberty to the petitioner to avail the statutory remedy. However, in the facts and circumstances of the case, it is provided that in case the appeal is filed within three weeks' from today no objection regarding limitation shall be raised by the authority concerned.
Since, this Court vide order dated 26.8.2020 has already provided that no third party right shall be given, it is, therefore, provided that during pendency of the appeal no third party right shall be created.
In case, the appeal is filed within three weeks' from today, the same shall be considered and decided by the authority concerned on its own merits in accordance with law preferably within a period of three months from the date of production of self- attested copy of this order, which may be verified from the official website of this Court.
It is made clear, in case, the appeal is not filed within the aforesaid period of three weeks', the interim protection granted shall automatically stands vacated.
It is further observed that the petitioner is at liberty to raise all such factual and legal grounds before the appellate authority as are being raised before this Court by means of present writ petition and the appellate authority shall apply its own independent mind without being influenced by any observation made in this order.
With the aforesaid observations/ directions, present petition stands disposed of.
Order Date :- 24.8.2021 Aditya