Bipin Bihari Pandey v. Rajeshwar Kumar Paswan
Case at a glance
Outcome
Dismissed
Under the circumstance, writ petition is dismissed as not maintainable
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 33. In view of the fact that the statutory remedy in the form of appeal was available and the petitioner had already taken recourse to it, the writ petition is not maintainable till the final outcome of said misc. appeal. Under the circumstance, writ petition…
Judgment
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- : Mr. Parth Jalan, Advocate : AC to GA ----- For the Petitioner For the State Oral Order 03 / Dated : 09.01.2024
The instant writ petition has been filed under Article 226 of the Constitution of India for quashing the notice dated 12.05.2011 issued by the Additional Collector, Palamau to the Circle Officer, Sadar Medininagar directing the Circle Officer to comply the order passed in Misc. Case No. 110 of 2007-08 dated
17.09.2010.
Petitioner being aggrieved by the said order of the Additional Collector, Palamau had filed Misc. Appeal No. 55 of 2010 before the Commissioner, Palamau Division, Daltonganj and at the same time, he had filed the writ petition to stay the impugned order.
Operative part
In view of the fact that the statutory remedy in the form of appeal was available and the petitioner had already taken recourse to it, the writ petition is not maintainable till the final outcome of said misc. appeal. Under the circumstance, writ petition is dismissed as not maintainable. However, learned Commissioner, Palamau Division at Daltonganj is directed to dispose of Misc. Appeal No. 55 of 2010, if not dispose of till date. AKT/Satendra Uploaded (Gautam Kumar Choudhary, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Under the circumstance, writ petition is dismissed as not maintainable
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.