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Court upholds order on writ petition, emphasizes need to challenge orders before appropriate forum The Court upheld the order disposing of the writ petition with liberty to approach the appropriate forum. The appellant's appeal challenging various ...
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Court upholds order on writ petition, emphasizes need to challenge orders before appropriate forum
The Court upheld the order disposing of the writ petition with liberty to approach the appropriate forum. The appellant's appeal challenging various orders during the petition's pendency was dismissed, emphasizing the need to challenge authorities' orders before the appropriate forum. The appellant was granted liberty to challenge specific orders, and the writ appeal was concluded with instructions to consider the time spent by the petitioner in the proceedings, while rejecting pending I.As.
Issues: 1. Appeal against order dated 04.09.2019 passed in writ petition No.32625 of 2018. 2. Consideration of case during pendency of writ petition and subsequent orders by authorities. 3. Contention regarding approaching appropriate forum and relief sought in terms of order dated 09.10.2018. 4. Granting liberty to challenge orders passed by authorities and necessity of approaching appropriate forum. 5. Disposal of writ appeal with liberty to approach appropriate forum and consideration of time spent by petitioner.
Analysis:
1. The appellant filed an appeal against the order dated 04.09.2019 passed in writ petition No.32625 of 2018, where the learned Single Judge disposed off the writ petition with liberty to approach the appropriate forum. The appellant was aggrieved by this order and sought further relief.
2. Various orders were passed by the learned Single Judge during the pendency of the writ petition, directing the authorities to consider the case of the writ petitioner. Some orders were set aside while some were affirmed. Ultimately, the respondents passed the order dated 09.10.2018 and a communication dated 06.11.2018. The writ petition was disposed off with liberty to challenge these orders.
3. The appellant's counsel contended that there was no need to approach the appropriate forum and that the writ petition should be decided on merits. The relief sought by the appellant was in terms of the order dated 09.10.2018.
4. The Court, after hearing the appellant's counsel, found no grounds to interfere in the appeal. It was noted that various orders were passed during the pendency of the petition, and subsequent orders were based on those directions. The Court held that it was necessary for the petitioner to challenge the orders passed by the authorities before the appropriate forum. The petitioner was granted liberty to challenge those orders.
5. The writ appeal was disposed off with liberty given to the petitioner to approach the appropriate forum to question the validity of the orders dated 09.10.2018 and 06.11.2018. The time spent by the petitioner before the Court was to be considered in the proceedings. Pending I.As were rejected as part of the judgment.
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