Khanaiya Lal Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3122 of 2018 Khanaiya Lal Pandey S/o Late Shri Hari Shankar Pandey, Aged About 54 Years R/o C/o Ravi Kumar Pandey, Polytechnic Colony, Ambikapur, P.S. Gandhinagar, District Surgujha Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Excise, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

2. Excise Commissioner, Excise Building Above Chhokra Nala, Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Asst. Excise Commissioner, Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh

4. Asst. District Excise Officer, Durg In Charge Office M/s Sona Beverages Pvt. Ltd., Yavasvani Borai, District Durg Chhattisgarh., District : Durg, Chhattisgarh ----Respondents For Petitioner :

Mr. Anshuman Shrivastava, Advocate For State :

Mr. Chandresh Shrivastava, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 01/10/2019

1. During the course of the hearing, it is found that the impugned order is an appealable order.

2. In view of the fact that the order is appealable order, this Court is reluctant to entertain the writ petition at this juncture.

3. Reserving the right of the petitioner to prefer an appeal before the Appellate Authority within a period of 30 days from the date of receipt of the certified copy of this order the present writ petition stands disposed of. That in the event, if the appeal is preferred within 30 days, the Appellate Authority shall decide the appeal on its merit, ignoring the aspect of limitation, if any, in the filing of the appeal.

4. The appeal should be decided within a further period of 60 days from the date of receipt of the appeal to be preferred by the petitioner.

5. With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved