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RAJIV GURURANI – Appellant
Versus
EXCISE COMMISSIONER UTTARAKHAND – Respondent
WPMS 1685/2022



Advocates:
['V K KAPARUWAN', '', 'MUKESH KUMAR KAPARUWAN', 'C S C']

SL.

No

Date

Office Notes,

reports, orders

or proceedings

or directions and

Registrar’s order

with Signatures

COURT’S OR JUDGES’S ORDERS

WPMS No. 1685 of 2022

Hon ’ble S.K. Mish r a, J.

Mr. Mukesh Kaparuwan, the learned

counsel for the petitioner.

Mr. Tarun Lakhera, the learned Brief

Holder for the State.

Heard.

The

petitioner

has

filed

this

writ

application for issuance of writ of certiorari

quashing

the

impugned

citation

dated

10.06.2022 and impugned citation dated

22.06.2022 issued by respondent no. 3 and

4 respectively, annexed as annexure no. 8

and 9 to the writ petition.

However, it is borne out from the

record that the petitioner has already

approached the Appellate Authority under

Section 11 of the Uttrakhand Excise Act,

challenging the order passed by respondent

no. 3 on dated 18.04.2022, out of which

annexure no. 8 and annexure no. 9 spring

up.

Since,

the

petitioner

has

already

availed

the

alternative

and

efficacious

remedy there is no need to entertain the

writ petition.

However, in view of the submission

made by the learned counsel for the

petitioner, the writ petition is disposed of

directing

the

Appellate

Authority-Excise

Commissioner, Uttarakhand, Dehradun to

expedite the disposal of the appeal filed

before him preferably within 45 days from

the date of production of certified copy of

this order. The petitioner is also at liberty to

file an application for interim protection

before the learned Commissioner. On such

event,

if

law

permits,

same

shall

be

considered

favourably

by

the

learned

Commissioner.

The writ petition stands disposed of,

accordingly.

Pending application, if any, also stands

dismissed.

( S.K. Mish r a, J.)

2 2 .0 7 .2 0 2 2

(Grant certified copy as per Rules.)

PV

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