Allahabad High Court
Nathi Lal vs State Of U.P. And 3 Others on 8 July, 2019
Bench: Bala Krishna Narayana, Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 21766 of 2019 Petitioner :- Nathi Lal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vijay Tripathi Counsel for Respondent :- C.S.C. Hon'ble Bala Krishna Narayana,J.
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and Smt. Archana Singh, learned Additional Chief Standing Counsel for the respondents no.1 to 4.
This writ petition has been filed by the petitioner with a prayer to issue writ, order or direction in the nature of certiorari quashing the impugned order dated 23.7.2015 passed by the respondent no.4 as well as order dated 27.2.2019 passed by the respondent no.2 in Case No.1216 of 2015, Computer Case No.C-20150100001216 (Nathi Lal Vs. State of U.P. ) under Section 77 U.P. Minor Minerals (Concession) Rules, 1963 (hereinafter referred as Rules).
Smt. Archana Singh, learned Additional Chief Standing Counsel appearing for the respondents has raised a preliminary objection with regard to the maintainability of this writ petition on the ground that against the impugned order passed by the respondent no.2, the petitioner has got a statutory alternative remedy of filing revision before the State Government under Section 78 of the Rules.
The submission made by Smt. Archana Singh, learned Additional Chief Standing Counsel appearing for the respondents appears to be correct.
The writ petition is accordingly dismissed on the ground of availability of statutory alternative remedy, under Section 78 of the Rules, to the petitioner.
The certified copy of the impugned order shall be returned to the learned counsel for the petitioner as per High Court Rules.
Order Date :- 8.7.2019 Pramod Tripathi