WPMS/837/2021
2021 Latest Caselaw 3618 UK

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                                      WPMS No.837 of 2021
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Prabhat Bohra, Advocate for the petitioner.

Mr. Mohit Maulekhi, Brief Holder for the respondents.

This writ petition was disposed of by this Court vide its judgment of 17.08.2021, on the ground, that though as against the impugned order, which has been put to challenge, which was rendered by the appellate authority under Section 129(3) of the Act of 2017.

The petitioner should have approached before the appellate tribunal, which was to be constituted under Section 110 of the Act of 2017.

The Recall Application No.02 of 2021, has been preferred by the petitioner contending thereof that, the appellate tribunal has not yet been constituted by the State. The fact of non constitution of the appellate tribunal is not disputed by the respondents counsel. In that eventuality, the petitioner cannot be left remediless, as against the appellate order which was passed by the appellate authority under Section 112 of the Act, thus the order of 17.08.2021, is recalled and the writ petition is restored to its original number.

List this writ petition for hearing at admission stage in the third week of October 2021.

In the meantime, if so advised, the petitioner may file rejoinder affidavit to the counter affidavit of respondent no.2.

(Sharad Kumar Sharma, J.) 15.09.2021 Arti