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Judgment
Learned counsel for the petitioner has filed the present writ petition challenging the order dated 14.05.2020 contained in Annexure P/2.
Learned Additional Advocate General appearing for the State submitted that against the impugned order dated 14.05.2020, petitioner has already preferred an appeal before the Collector, Niwadi, which is pending, therefore, this writ petition is not maintainable.
Heard the counsel for both the parties.
As per the judgment of Apex Court reported in (2009) 16 SCC 766, Delhi Gate Auto Service Station and others vs Bharat Petroleum Corporation Limited, Agra through Senior Divisional Manager and others, two parallel remedies could not have been pursued at one and the same time.
In view of the aforesaid judgment of the Apex Court, writ petition filed by the petitioner is not maintainable, hence, same is dismissed as petitioner has already availed the remedy of appeal. However, petitioner will be at liberty to pursue the appeal filed before the Collector, Niwadi.
Counsel for the petitioner makes a prayer that respondent-Collector may be directed to decide the appeal of petitioner within some reasonable time.
Considering the prayer made by learned counsel for the petitioner, it is ordered that respondent-Collector may consider and decide the appeal (Annexure P/9) of petitioner within a period of 60 days from the date of supply of certified copy of the order passed today.
C.C. as per rules.