Irshad Ahmad Vs State of U.P. and 3 Others

¶1

Court No. - 21 Case :- WRIT - C No. - 16957 of 2019 Petitioner :- Irshad Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Desh Ratan Chaudhary,Sanjay Dwivedi

¶2

Counsel for Respondent :- C.S.C.

¶3

Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.

¶4

Ms. Archana Singh, learned Addl. Chief Standing Counsel has raised a preliminary objection regarding maintainability of the writ petition on the ground that against an order of appellate authority, revision lies under Rule-78 of the U.P. Minor Minerals (Concession) Rules, 1963 (for short, Rules, 1963). Relevant provision of Rule-78 reads as under:

¶5

" 78. Revisions.-- The State Government may either suo moto at any time or on an application made within ninety days from the date of communication of the order, call for an examination of the record relating to any order passed proceeding taken by the District Officer, Committee, Director or the Divisional Commissioner under these rules and pass such orders as it may think fit."

¶6

Having heard learned counsel for the parties, we do not find any reason to interfere in the matter under Article 226 of the Constitution of India when the petitioner has alternative remedy under Rule-78 of the Rules, 1963.

¶7

Accordingly, we decline to entertain the writ petition on the above ground, however, we grant liberty to the petitioner to avail the alternative remedy. In case the petitioner files a revision within two weeks, same shall be entertained and shall not be rejected on the ground of limitation and it will be heard on merits.

¶8

The writ petition stands disposed of.

¶9

No order as to costs.

¶10

Order Date :- 17.5.2019/Digamber

Irshad Ahmad v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Irshad Ahmad v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Joganhi @ Raj Kumari and 2 Others Vs Union of India and 2 Others

M/S Tejaswa Gas Service Vs State of U P and 2 Others

M/S Modern Cultivation Services Pvt. Ltd. Vs State of U.P. and 3 Others

Radha Krishna Infra Tower Limited and 2 Others Vs Union of India and 2 Others

Gopal Prasad Agrawal and Another Vs the Special Land Acquisition Officer and 2 Others

Bheesm Singh and 3 Others Vs State of U.P. and 3 Others