Petitioner entreated court to withdraw writ petition to avail statutory appeal forum. Court observed that writ petition was wrongly pursued and disposed of it, directing condonation of delay if appeal filed.
Writ petition disposed of; petitioner may file appeal with condonation of delay.
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C.M.P. No.1360 of 2015 O.J.C. No.5024 of 2002
4 22.12.2020
This matter is taken up through Video conferencing. Heard learned counsel appearing for the parties.
For the statutory appeal forum available to the petitioner, Sri Mishra, learned seniorcounsel for the petitioner prays for withdrawal of the writ petition to approach the appellate authority. Considering that the petitioner was wrongly pursuing the writ remedy, in the event the appeal is filed along with condonation of delay application, the delay shall be condoned and appeal shall be heard on merit.
With the observation and direction, the writ petition stands disposed of.
As restrictions are continuing for COVID-19, petitioner may utilize the soft copy of this order available in the High Court’s Website or print out thereof at par with certified copies in the manner prescribed vide Court’s Notification No.4587 dated 25.3.2020.
sks
…………………………… Biswanath Rath, J.
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
