The court dismissed the writ petition by relegateing the petitioner to an alternative efficacious statutory remedy of appeal before the Tribunal under Section 78-h of the U.P. Cooperative Act, 1965 against the dated 31.12.2018 award.
Petitioner relegateed to alternative efficacious statutory remedy of appeal within four weeks.
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Court No. - 1
Case :- WRIT - C No. - 12289 of 2019
Petitioner :- Shri Krishna Goyal Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Sushil Kumar Pandey,Rajesh Kumar Singh Counsel for Respondent :- C.S.C.,J.P. Pandey
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and Sri J.P. Pandey, learned counsel for contesting respondents.
At the very outset, learned counsel for the respondent has submitted that the petitioner has alternative efficacious statutory remedy of appeal against the award passed under Section 78-h of U.P. Cooperative Act, 1965 and the Tribunal is very much functional.
The above legal position could not be disputed by learned counsel for the petitioner.
In view of above, we relegate the petitioner to the alternative efficacious statutory remedy of appeal before the Tribunal and we direct that in case petitioner prefers an appeal as provided for under the aforesaid section against award dated 31.12.2018 within period of four weeks, the appeal shall be entertained and decided on merits strictly in accordance with law.
The writ petition is disposed of with the aforesaid observations and directions.
Order Date :- 9.12.2019 Sanjeev
(Ajit Kumar,J.) (Ramesh Sinha,J.)
Shri Krishna Goyal
State Of U.P.
Ramesh Sinha
Ajit Kumar
As recorded by the court registry
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