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