Mahesh Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 15327 of 2011 ====================================================== Mahesh Singh S/o Shri Shankar Singh R/O Village- Bangla, P.O.P.S.- Ratsar, District - Balia (Uttar Pradesh) ... ... Petitioner/s

Versus

1.

The Union of India through Secretary, Ministry Of Defence, New Delhi 2.

Inspector General, Central Reserve Police Force, Patna 3.

Deputy Inspector General, Central Reserve Police Force, Patna 4.

Commandant, 147 Battalion, Central Reserve Police Force, Kashipur (Silehar), Assam ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr Awadhesh Kumar Singh, Advocate For the Respondent/s :

Mr S D Sanjay, ASG I Mr Anshuman Singh, CGC ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 02-09-2019 Mr Anshuman, CGC appearing for the Union of India takes a preliminary objection regarding maintainability of the instant proceedings as the petitioner has not exhausted the remedy by way of revision.

In view of the aforesaid objection being raised by the learned counsel for the Union of India, writ petition is dismissed with liberty to avail the remedy of revision before the Revisional Authority in view of the objection raised by the Union of India in paragraphs 11, 24 of the counter affidavit. It is made clear that since objection regarding availability of alternative remedy has been raised by the

Patna High Court CWJC No.15327 of 2011(3) dt.02-09-2019 2/2 respondents in their counter affidavit, petitioner would be at liberty to avail of such remedy before the Revisional Authority. The Revisional Authority would be obliged to consider the same on its merits without raising the issue of the same being filed by delay, if the same is filed within four weeks from today.

(Madhuresh Prasad, J) M.E.H./- U