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Judgment
Notice.
Mr Altaf Haqani accepts notice on behalf of respondents.
Heard and considered.
While having a glance of writ petition on hand and relief implored for by petitioner, it comes to fore that petitioner assails and seeks quashment
of Order dated 20th January 2007, against which he has already availed of the statutory remedy by filing an appeal before competent authority.
When learned counsel for petitioner was quizzed qua availment of statutory remedy, he stated that he would not press for vouchsafe of prayer (I)
viz. quashment of order dated 20th January 2007, but would restrict petitioner''s claim to prayer (II) viz. deciding of appeal filed by petitioner
against order dated 20th January 2007. To this Mr Haqani, fairly states that the appeal would be decided provided such appeal has been filed or
pending.
It is worthwhile to point out here that once petitioner has availed of statutory remedy of directing appeal against order dated 20th January 2007,
better it would have been for him to pursue it, but, instead, he has now preferred to move instant writ petition that too seeking quashment of order
dated 20th January 2007. In such circumstances, petitioner is barred, and estopped in law, by his own conduct owing to his previous conduct, to
come up with writ petition on hand. Having said so, writ petition is not maintainable and is liable to be dismissed.
Writ petition, given above discussion, is dismissed. However, respondents are expected to decide the appeal, if any, filed by petitioner or
pending against order dated 20th January 2007 at an earliest, preferably within three months. No order as to costs.