Court No. - 33
Case :- WRIT - C No. - 25120 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.,C.S.C.
Hon'ble Manoj Misra,J. Hon'ble Ved Prakash Vaish,J.
Heard learned counsel for the petitioners and Sri Dhriv Kant Chaturvedi for respondents 1, 2 and 3.
By the order of date passed in Writ C No.25113 of 2018, similar challenge to the recovery proceedings and notice has been dismissed by us after noticing that similar matters had already been dismissed by this Court vide order dated 3rd July, 2018, passed in Writ C No.20636 of 2018 connected with other petitions in which the petitioner no.1 was party and the court had observed that as factual issues as regards printing capacity/actual circulation of the newspaper said to be published by the petitioner were raised, writ petition was not the proper remedy and, therefore, the petitioners may institute a civil suit. We had also noticed in that order that according to the petitioners, the petitioners had filed recall/review application in Writ C No.19732 of 2017, the decision of which was relied upon by this Court while passing order dated 3rd July, 2018 in Writ C No.20636 of 2018. We have therefore dismissed Writ C No.25113 of 2018 on ground of availability of alternative remedy of instituting a civil suit, without prejudice to the right of the petitioners to pursue recall/review application.
In view of the above, this writ petition is also dismissed in terms of the order of date passed in Writ C No.25113 of 2018.
Order Date :- 31.7.2018. Rks.
(V.P. Vaish, J.) (Manoj Misra, J.)