Court No. - 3
Case :- WRIT - C No. - 17763 of 2021 Petitioner :- Rajendra Kumar Nigam Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashutosh Kumar Pandey Counsel for Respondent :- C.S.C.,Udit Chandra
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
At the outset, a preliminary objection has been raised by Sri Udit Chandra, learned counsel for the respondents that this is a second writ petition and it is undisputed that the petitioner has filed Writ C No.2481 of 2021 which was disposed of with the following order dated 29.01.2021:
"Heard Sri Ashutosh Kumar Pandey, learned counsel for the petitioner, learned Standing Counsel for the State and Sri Narendra Kumar Tiwari, learned counsel for respondent nos.2 to 4.
We are informed by Sri Narendra Kumar Tiwari, learned counsel for respondent nos.2 to 4 that the petitioner was found indulging in theft, therefore after complying the provisions of law a final assessment dated 28.09.2020 has been passed against the petitioner, in respect of which petitioner has statutory alternative remedy of filing an appeal.
We dispose of this petition with the observation that in the event the petitioner files an appeal within a month from today, the appellate authority shall entertain the same, without raising any plea of limitation, and shall consider and dispose of the same on merits, but subject to compliance of statutory deposit.
Ordered accordingly."
In view of the above, the present petition is a second writ petition for the same cause. Accordingly, the writ petition is dismissed as withdrawn.
Order Date :- 30.7.2021 S.Chaurasia