Court No. - 4
Case :- WRIT - C No. - 7157 of 2018 Petitioner :- Dharmendra Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhir Kumar (Chandraul) Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Irshad Ali,J.
Supplementary affidavit filed on behalf of the petitioner in the Court today is kept on record.
This writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the order dated 17.12.2017 passed by respondent no.2 by which the petitioner's license granted under the Fertilizer (Control) Order, 1985 has been terminated after giving show cause notice.
A preliminary objection has been raised by learned Standing Counsel regarding the maintainability of the writ petition as the petitioner has got an alternative statutory remedy of filing an appeal under Clause 32 of the The Fertilizer (Control) Order, 1985.
The writ petition is accordingly dismissed on ground of alternative remedy.
However, it is provided that in case the petitioner prefers an appeal against the order of termination within two weeks from today supported by stay application and an application for condonation of delay, the appellate authority shall decide the delay condonation application sympathetically as expeditiously as possible.
In case the delay is condoned, the appellate authority shall consider and hear the appeal for admission as well as the application for grant of interim relief immediately thereafter.
Order Date :- 26.2.2018 KS