The High Court dismissed this writ petition seeking quashing of an impugned order and direction for vehicle release, as the petitioner accepted the existence of an alternative remedy under the U.P. Excise Act, 1910.
The writ petition seeking quashing of the order dated 22.12.2020 and direction to release the vehicle was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 39
Case :- WRIT TAX No. - 89 of 2021
Petitioner :- Mohd. Firoj Alias Firoj Ansari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hari Narayan Singh Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Dinesh Pathak,J.
Heard learned counsel for the petitioner and Sri Manoj Kumar Kushwaha, learned Standing Counsel for the State-respondents.
The instant writ petition has been filed seeking following reliefs :-
“(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 22.12.2020 passed by the District Magistrate, Gorakhpur (contained in Annexure No.10 to this writ petition).
(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to forthwith release Tempo No.UP-53 DT-9175 in favour of petitioner."
At the very outset, learned Standing Counsel submits that petitioner has challenged the order dated 22.12.2020 passed by District Magistrate, Gorakhpur whereby petitioner's application for release of his vehicle has been rejected. Petitioner has an alternative remedy to file an appeal before the concerned authority under Section 72 (7) of the U.P. Excise Act, 1910, hence, this petition may not be entertained.
The aforesaid fact has not been disputed by learned counsel for the petitioner.
Writ petition is, accordingly, dismissed on the ground of alternative remedy.
Order Date :- 2.2.2021 Manish Himwan
1 issue framed by the court
Whether alternative remedy under the U.P. Excise Act, 1910 is available despite its non-disputed existence
1 provisions across 1 enactments
Mohd. Firoj Alias Firoj Ansari
State Of U.P.
Unknown
Unknown
Unknown
Naheed Ara Moonis
Dinesh Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
