Firoz Khan vs Union Of India And Others

Dinesh Mehta, J

Mr. Mukesh Rajpurohit, learned Deputy Solicitor General at the outset submitted that the petitioner has challenged the orders of the various authorities of the respondents by way of present writ petition and argued that the petition is liable to be dismissed in view of the fact that statutory/alternative and efficacious remedy is available to the petitioner.

It was also submitted that the issues canvased by the petitioner involves factual determination, which this Court would not like to go into in its writ jurisdiction. He prayed that the present writ petition be dismissed.

Mr. Salman Agha, learned counsel for the petitioner submitted that respondents have proceeded vindictively against the petitioner, because of the fact that the Civil Writ Petition No.8306/2023 was filed by him and in order to look into illegality and high handedness of the respondents, the petitioner approached this Court, so as to give a broader and comprehensive view of the matter.

Having heard learned counsel for the parties and going through the contents of memo of the petition, this Court is of the view that it is not a fit case for invoking the extraordinary writ jurisdiction of this Court, particularly because, factual determination is required. And there are in built mechanism providing alternative remedy of preferring an appeal.

In view of the aforesaid, the present writ petition is dismissed.

Petitioner will be free to prefer an appeal before the authorities in terms of the applicable statutory provision/regulation, in accordance with law.

In case, the appeal against the orders are preferred on or before 15.03.2024, the appellate authority shall entertain the same without raising any objection of delay (if any). The appellate authority shall independently and dispassionately decide the appeals on their own facts, without being influenced by the factum of filing/pendency of Civil Writ Petition No.6089/2020.

Stay petition also stands dismissed accordingly.