Court No. - 33
Case :- WRIT - C No. - 25113 of 2018 Petitioner :- All India Small And Medium News Papers Federation And Another Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Vijay Kumar Sharma Counsel for Respondent :- A.S.G.I.,Avinash Chandra Srivastava,C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ved Prakash Vaish,J.
Learned counsel for the petitioners has filed a supplementary affidavit today, which is taken on record.
In the supplementary affidavit certain interim orders passed by Division Bench of this Court have been filed. From those interim orders it appears that there was a bunch of petitions which were directed to be put up before the appropriate Court on 2nd July, 2018. In all of those petitions, the petitioner no.1 was a party.
Sri Avinash Chandra Srivastava, who has appeared on behalf of the respondents 1, 2 and 3, has informed the Court that on 3rd July, 2018 the entire bunch of writ petitions had been finally dismissed by noticing that issues of fact, such as the printing capacity/actual circulation of the newspaper said to be published by the petitioner, were raised for which writ petition is not the proper remedy and, therefore, the petitioners may institute suit in respect of their grievance. Copy of the order passed in bunch of petitions, led by Writ C No.20636 of 2018, dated 3rd July, 2018, has been produced before us.
Learned counsel for the petitioners states that a recall/review application has been filed by the petitioner (All India Small and Medium News Papers Federation) in Writ C No.19732 of 2017 whose judgement dated 8th May, 2017 has been relied upon by the Court while deciding Writ C No.20636 of 2018 along with other petitions.
As, admittedly, petitioner no.1's previous petition raising identical issues has been dismissed with liberty to institute a suit, and no favourable order has been obtained by the petitioners till date in the recall/review application, by following the judgement in Writ C No.20636 of 2018, this petition of the petitioners, which raises identical issues of fact, is also liable to be dismissed on ground of availability of alternative remedy of insituting a civil suit. We, accordingly dismiss this petition without prejudice to the right of the petitioners to pursue recall/review application, as is allegedly pending, or to institute a civil suit, as may be advised.
Order Date :- 31.7.2018. Rks.
(V.P. Vaish, J.) (Manoj Misra, J.)