Shafeek Ahmad vs State Of U.P. And 2 Others
2021 Latest Caselaw 11019 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - C No. - 12766 of 2021
 

 
Petitioner :- Shafeek Ahmad
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Pravesh Kumar Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

Present writ petition has been filed with the following prayer:-

"Issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 20.3.2021 passed by Sub-Divisional Magistrate, Kanth, Moradabad."

Learned Standing Counsel has raised a preliminary objection and submitted that against the impugned order dated 20.03.2021, statutory remedy is provided to file an appeal before the Divisional Commissioner, Moradabad and writ petition is not maintainable, therefore, this writ petition may be dismissed as not maintainable.

Learned counsel for the petitioner submitted that he had filed writ petitions against the orders of respondent no. 2 which were entertained by this Court and orders were passed in favour of the petitioner, therefore, this writ petition may also be entertained.

I have considered the submissions made by learned counsel for the parties and perused the record. Earlier petitioner had filed writ petitions against the orders of Sub Divisional Magistrate, Kanth, Moradabad before this Court, which were allowed, but this cannot be a ground for entertaining this writ petition again and again coupled with the fact that petitioner has remedy to file an appeal before the Divisional Commissioner, Moradabad.

Learned counsel for the petitioner further submitted that due to spread of Covid-19, he could not file appeal and there is 90 days limitation for filing appeal, therefore, petitioner may be given liberty to file an appeal before the Divisional Commissioner, Moradabad and the Divisional Commissioner, Moradabad may be directed to hear and decide the appeal on merits.

Therefore, under such facts and circumstances of the case this writ petition is dismissed at this stage with liberty to the petitioner to file an appeal before the Divisional Commissioner, Moradabad and in case appeal is filed within 15 days from today alongwith computer generated copy of this order after verifying from the official website of the Allahabad High Court, the same shall be heard and decided on merits and not be rejected on the ground of latches.

Order Date :- 27.8.2021

Rmk.