Petitioner sought to quash an order under U.P. Excise Act, 1910. The High Court held the writ petition was not maintainable as an efficacious alternative remedy via appeal was available under Section 72(7) of the Act, leading to its disposal.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 10794 of 2021
Petitioner :- Smt. Sudha Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramdhan Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Subhash Vidyarthi,J.
Heard Shri Ramdhan, learned counsel for the petitioner and Shri Arunendra Kumar Singh, learned A.G.A. for the State-respondents.
This writ petition has been filed with prayer to quash the impugned order dated 8.9.2021 passed by District Magistrate, Hathras in Case No. 00412 of 2021 (Computerized No. D202118340000412) (State Vs. Smt. Sudha Devi) under Section 72 of U.P. Excise Act, 1910. Further prayer has been made to direct the respondent No. 3 to release the vehicle bearing registration No. U.P. 86 AA 7771 Breza Car in favour of the petitioner.
A preliminary objection has been raised by Shri Arunendra Kumar Singh, learned A.G.A. for the State-respondents that against the impugned order, the petitioner has got alternative efficacious remedy to file appeal under Section 72 (7) of U.P. Excise Act, 1910. Therefore, the writ petition is not maintainable.
We have occasion to peruse the order impugned and find that against the impugned order, the petitioner has got alternative efficacious remedy to file appeal under Section 72 (7) of U.P. Excise Act, 1910. Once efficacious alternative remedy is available to the petitioner, then there is no occasion or reason for us to bye-pass the statutory forum. Therefore, the writ petition is not maintainable.
Consequently, the writ petition is disposed of on the ground of statutory forum.
Needless to say that if the petitioner approaches the Appellate Authority within two weeks from today, then definitely, the Appellate Authority should make endeavour to decide the appeal of the petitioner expeditiously ignoring the delay, if any.
Order Date :- 6.12.2021 Jaswant
1 issue framed by the court
Whether the writ petition challenging the order of the District Magistrate under Section 72 of U.P. Excise Act, 1910 is maintainable when an alternative efficacious remedy of appeal exists.
Smt. Sudha Devi
State Of U.P.
Mahesh Chandra Tripathi
Subhash Vidyarthi
As recorded by the court registry
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