Court No. - 30
Case :- WRIT - C No. - 2074 of 2019 Petitioner :- Manju Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajeet Kumar Shukla Counsel for Respondent :- C.S.C.,Sudarshan Singh
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri B.P. Singh, learned Standing Counsel appearing for the State respondents.
Present petition has been filed for quashing the order dated 20.12.2018 passed by the respondent no. 2.
Submission of learned counsel for the petitioner is that the order impugned herein is without jurisdiction as the District Pachayat Raj Officer is not authorized to initiate or seek recovery of surcharge under Section 27.
Be that as it may, since the petitioner has alternative remedy by way of filing appeal under Rule 258 of the U.P. Panchayat Raj Rules, 1947, I am not inclined to entertain the present petition. The petition is, accordingly, dismissed on the ground of alternative remedy.
The petitioner is at liberty to take all such ground while filing appeal.
It is needless to point out that as per Rule 259 (1) proviso the recovery shall automatically remain stayed during pendency of appeal.
In case, the appeal is filed within a period of 15 days from today, the same shall be entertained by the authority concerned without raising any objection regarding limitation.
With the aforesaid observations, present petition stands dismissed.
Order Date :- 22.1.2019 Lalit Shukla