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Judgment
Anubha Rawat Choudhary, J
Learned counsel for the parties are present.
Learned counsel for the petitioner has submitted that no parawise reply to the counter affidavit has been filed by the respondents.
Learned counsel for the respondents submits that parawise reply to the writ petition is not required to be filed considering the detailed counter affidavit filed in the present case and the matter may be taken up for arguments.
Learned counsel for the petitioner has submitted that one specific plea on the point of jurisdiction has been raised in the present case and therefore the plea of alternative remedy as raised by the respondents is not tenable in the eyes of law. He has referred to judgment passed by Hon’ble Supreme Court reported in AIR 1970 SC 1150 to submit that the power under Article 311 (1) of the Constitution of India cannot be delegated. However, the said judgment has not been placed before this court today. He also submits that there are other points to maintain the present writ petition under Article 226 of the Constitution of India which he shall argue on the next date. He also submits that he shall prepare short notes on the points to be argued before this court with supporting judgments.
The learned counsel for the respondents submits that the point of delegation has been decided by this court in L.P.A. No. 371 of 2020 decided on 18.10.2021. He also submits that he shall prepare short notes and judgments to be relied upon so that matter can be taken up on the next date.
Post this case on 10.08.2022 at 2.15 p.m. under the same heading.
The point of alternative remedy is kept open.