Writ petition challenging an interim stay order was disposed of on applicant withdrawal. Counsel for the petitioner advised pursuing a pending revision instead of pressing the writ.
Petition disposed of on applicant withdrawal.
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Court No. - 51 Case :- WRIT - C No. - 37609 of 2022 Petitioner :- Sharmapati Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pawankumar Dubey,Akhilesh Kumar Counsel for Respondent :- C.S.C.,Akhilesh Kumar Dubey
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Akhilesh Kumar, learned counsel for the petitioner, Sri Abhishek Shukla, learned Additional Chief Standing Counsel for the State respondents and Sri Akhilesh Kumar Dubey, learned counsel appearing for the respondent no.5.
The present petition has been filed seeking to assail an order dated 09.11.2022, passed by the respondent no.2 on a stay application filed in Appeal No. T202216670604336 (Hausila Prasad vs. Sharmapati and another) with the support of the array of parties.
Counsel for the respondent no.5 submits that against an order dated 09.11.2022, which is sought to be challenged by means of present writ petition, the petitioner has also filed a revision before the Commissioner, Vindhyachal Division and the same is stated to be pending. Accordingly, it is submitted that the petitioner is seeking multiple remedies for the same relief and in view thereof the present writ petition would not be entertainable.
Counsel for the petitioner has not disputed the aforestated fact with regard to the revision has been filed and the same being pending. Accordingly, learned counsel submits that he does not wish to press the petition and the petitioner would pursue his remedy before the court concerned where the revision is said to be pending.
The petition stands disposed of accordingly.
Order Date :- 29.3.2023 Mohini
[Dr. Y.K. Srivastava, J.]
Digitally signed by :- MOHINI RAI High Court of Judicature at Allahabad
Sharmapati
State Of U.P. And 4 Others
Dr Yogendra Kumar Srivastava
As recorded by the court registry
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