Court No. - 21
Case :- WRIT - C No. - 26331 of 2020 Petitioner :- Cosmos Infraestate Pvt. Ltd. And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vandeep Nath Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Sanjay Kumar Pachori,J.
Heard learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel for the State respondents.
By means of present writ petition, the petitioners are assailing the validity of order dated 07.01.2019 as well as recovery certificate dated 02.08.2020.
Learned Standing Counsel has raised a preliminary objection regarding maintainability of the present writ petition on the ground that against the impugned order the petitioners have got efficacious alternative remedy to file an appeal before the Appellate Authority and as such, the writ petition is liable to be dismissed on the ground of alternative remedy.
The Court has proceeded to examine the record in question and finds that once against the impugned order efficacious alternative remedy is available to the petitioners, then there is no reason or occasion to intervene in the matter.
In view of above, the writ petition is disposed of with observation that if the petitioners prefer an appeal alongwith stay application within 15 days from today, the Appellate Authority would proceed to the stay application within further six weeks time and thereafter the appeal may also be decided expeditiously but certainly after providing ample opportunity of hearing to all the stake holders.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicants alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 5.1.2021 A. Pandey Digitally signed by Justice Mahesh Chandra Tripathi Date: 2021.01.07 15:27:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by Justice Sanjay Kumar Pachori Date: 2021.01.07 15:31:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad