Hon'ble Ritu Raj Awasthi,J.
Heard the learned counsel for the parties.
The learned counsel for the State has raised a preliminary objection that the petitioner has statutory remedy of filing an appeal before the Commissioner. Learned counsel for the petitioner could not satisfy the Court as to why the petitioner be not relegated to avail the remedy of appeal. The writ petition is, therefore liable to be dismissed on the ground of availability of statutory remedy.
However, in case the petitioner files an appeal within a period of 15 days, the same shall not be dismissed merely on the ground of limitation but it shall be considered and disposed of expeditiously on merits. The petitioner may also move an application for interim relief alongwith the appeal. The stay application shall be disposed of expeditiously preferably within a period of 15 days.
Subject to above, the writ petition is dismissed. Order Date :- 2.2.2010 LN/-