The Court declined to entertain a writ of certiorari seeking to quash the Commissioner's order. It held an alternative remedy existed under Rule 78 of the Rules, 1963, dismissing the petition.
Writ petition dismissed; petitioner directed to file a revision under Rule 78 within three months.
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Court No. - 21
Case :- WRIT - C No. - 18796 of 2019
Petitioner :- Seth Ratan Lal Entertainment Private Limited Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mukesh Chandra Gupta Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.
Learned Standing Counsel has raised preliminary objection regarding the maintainability of the writ petition on the ground that the petitioner has an efficacious alternative remedy under Rule 78 of the U.P. Minor Minerals (Concession) Rules, 1963.
We have heard learned Counsel for the parties.
The petitioner is seeking a writ of certiorari to quash the order passed by the Commissioner, Agra Division, Agra in his appeal under Rule 77 of the Rules, 1963.
In our view, the petitioner has an efficacious alternative remedy under Rule 78 of the Rules, 1963. Hence, we decline to entertain the writ petition.
Accordingly, writ petition is dismissed leaving in open to the petitioner to file a revision under Rule 78 of the Rules, 1963 within a period of three months from the date of receipt of this order. In the event, any such revision is filed, the same shall be considered on merits and shall not be rejected on the ground of limitation. No order as to costs.
Order Date :- 28.5.2019 S. Singh
1 issue framed by the court
Whether the writ petition is maintainable in view of the existence of an efficacious alternative remedy under Rule 78 of the U.P. Minor Minerals (Concession) Rules, 1963.
2 provisions across 1 enactments
Seth Ratan Lal Entertainment Private Limited
State Of U.P.
3 Others
Pradeep Kumar Singh Baghel
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
