Heard learned advocate Mr. Ankit Shah with learned advocate Mr. YN Ravani on behalf of petitioner, learned advocate Mr. RK Kothari appearing for respondent no. 2 to 4 and learned AGP Ms. Jirga Zaveri appearing for respondent no. 1.
In present petition, petitioner has made prayer in para 10 (A) and (B), which are as under:
(A) This Hon'ble Court may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus and be pleased to quash and set aside order dated 19/4/2010 passed by District Collector, Bharuch, which is at Annexure A to the petition, terminating agencies of the petitioner being MPKBY Agency No. 206-131 and SAS Agency No. 80-2541;
(B) Pending Admission, hearing and final disposal of the petition, this Hon'ble Court may be pleased to stay execution, implementation and operation of order dated 19/4/2010 passed by District Collector, Bharuch, which is at Annexure A to the petition, terminating agencies of the petitioner being MPKBY agency No. 206-131 and SAS Agency No. 80-2541; AND further be pleased to direct the respondent Superintendent of Post Offices and Sub Post Master, Bharuch City, TSO Bharuch, to accept the amount of Small Saving Scheme subscription of MPKBY agency No. 206-131 and SAS Agency No. 80-2541 and further direct them to pay the commission thereof to the petitioner.
Considering aforesaid prayer made by petitioner, where order passed by District Collector, Bharuch dated 19/4/2010 is required to be quashed and set aside, wherein agency of petitioner has been terminated by respondent authority. The affidavit in reply is filed by respondent no. 1 Deputy Mamlatdar at page 34. The affidavit in reply is also filed by respondent no. 2 Superintendent, Post Office, Bharuch at page 37. Thereafter, no rejoinder is filed by petitioner. However, learned advocate Mr. Shah submitted that additional affidavit is filed by petitioner dated 8/7/2010.
Learned AGP Ms. Jirga Zaveri appearing for respondent no. 1 submitted that in present petition, petitioner has challenged order passed by District Collector, Bharuch dated 19/4/2010 which is at page 17. Against said order, petitioner is having alternative effective statutory remedy to file appeal before Director of Small Saving Scheme under Scheme. Therefore, present petition may not be entertained by this Court only on ground that petitioner is having alternative effective statutory remedy to challenge very order, which is challenged in present petition.
Learned advocate Mr. Shah submitted that if petitioner is having alternative effective remedy as per submission made by learned AGP Ms. Zaveri then petitioner will definitely approach to higher authority i.e. Director of Small Saving Scheme, Relief Road, Ahmedabad while challenging order passed by District Collector Bharuch dated 19/4/2010. Learned advocate Mr. Shah also submitted that some suitable direction may be issued against higher authority so he may decide an appeal within some reasonable time after giving reasonable opportunity of hearing to petitioner.
In view of submission made by learned advocates appearing for respective parties, let petitioner may prefer an appeal before Director of Small Saving Scheme, Relief Road, Ahmedabad against order dated 19/4/2010 passed by District Collector, Bharuch within a period of one month from date of receiving copy of present order.
As and when Director, Small Saving Scheme, Relief Road, Ahmedabad receive appeal from petitioner, it is directed to Director of Small Saving Scheme to consider an appeal which will be preferred by petitioner and examine grievance of present petitioner and then to pass appropriate reasoned order after giving reasonable opportunity of hearing to petitioner as early as possible within a period of three months from date of receiving copy of appeal from petitioner and communicate decision to petitioner immediately.
Meanwhile, ad interim relief granted by this Court on 13/5/2010 in terms of para 10(B) shall remain continue till appeal is finally decided by Director of Small Saving Scheme, Relief Road, Ahmedabad.
In view of above observation and direction, present petition is disposed of by this Court without expressing any opinion on merits.
(H.K.RATHOD, J) asma Top