High CourtsSINGLE BENCH(2017) 03 RAJ CK 0112

Sanjay Kumar Changra vs Union of India & Ors.

Rajasthan High Court · Decided on 30 March 2017

HON’BLE JUDGES
Dinesh Mehta
RESULT
Dismissed
CASE NUMBER
1149 of 2016

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Judgment

21 paragraphs · 194 words
1.

By way of the present writ petition, petitioner has challenged

the orders dated 25.04.2015 and 26.06.2015 passed by the

respondent No.2.

2.

From the perusal of the record, this Court finds that the

petitioner has already preferred an appeal before the Appellate

Authority, which has been annexed to the writ petition by the

petitioner as Annexure 12.

3.

This Court is of the considered opinion that the petitioner

cannot avail two remedies simultaneously. Hence, keeping in view

the fact that petitioner''s appeal is still pending, this Court does not

want to exercise its extra ordinary jurisdiction under Article

226 /227 of the Constitution of India.

4.

Hence, the present petition is dismissed as not maintainable.

However, it is directed that Appellate Authority shall decide the

petitioner''s appeal within a period of six weeks from the date of

receipt of certified copy of this order.

5.

Needless to observe that this Court has not pronounced

anything on merit of the case and the petitioner shall always have

a right to take appropriate remedies, against the order passed in

his appeal aforesaid, if occasion so arises.

6.

With these observations, the writ petition is dismissed.