Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 24260 of 2019 Petitioner :- Dayanand Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Aditya Singh Counsel for Respondent :- G.A.
Hon'ble Pritinker Diwaker,J. Hon'ble Raj Beer Singh,J.
Heard Sri Aditya Singh, learned counsel for the petitioner and Sri J.K. Upadhyaya, learned A.G.A. for the State.
Learned counsel for the petitioner fairly submits that the order of Sub Divisional Magistrate, Mehnagar, District Azamgarh dated 20.12.2017 is a revisable order. He, however, submits that the petitioner had made several representations, but nothing has been done and even he was under a bonafide belief that his representation would serve the purpose.
Learned counsel for the petitioner submits that now the petitioner wants to assail the order of Sub Divisional Magistrate, Mehnagar, District Azamgarh dated 20.12.2017, but perhaps his revision may not be entertained by the revisional court as the same would be time barred. He submits that he may be permitted to withdraw the writ petition with liberty to assail the impugned order before the revisional court, however, revisional court be directed to decide the revision ignoring the point of limitation.
State Counsel has no objection insofar as withdrawal of the writ petition. He, however, submits that the point of limitation be left open to the discretion of the revisional authority.
Be that as it may, the writ petition is dismissed as withdrawn with the aforesaid liberty. Needless to say that in the eventuality of any revision being filed by the petitioner, the revisional authority shall consider all the aspects of the case including the point of limitation in accordance with law.
Order Date :- 28.11.2019 nethra