High Court Of ChhattisgarhWPC/2527/2018disposed off

M/S Mile Stone Soft. Tech. Pvt. Ltd., v. Government Of India

2018-09-19Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 2527 of 2018 • M/s Mile Stone Soft. Tech. Pvt. Ltd., Through Juber Ahmed Aged 33 Years, S/o Shri P. J. Shaikh Authorized Signatory Cum Additional CEO Head Office 69/2 Vikas Nagar Devpuri Raipur Police Station Rajendera Nagar, District Raipur, Chhattisgarh ---- Petitioner

Versus

1. Government Of India Through Secretary, Ministry Of Communications and I.T. Department of Telecommunications, Sanchar Bhawan, 20 Ashoka Road New Delhi 110001

2. Assistant Director General (ISP-I), Department Of Telecommunications (Dot) Sanchar Bhawan, 20, Ashoka Road, New Delhi 110001

3. Senior Accounts Officer (LF & USO) Office Of The Controller Of Communication, Accounts Chhattisgarh Circle, Raipur 492001, Chhattisgarh ---- Respondents For Petitioner Shri A. K. Mishra, Advocate For Respondents Shri B. Gopa Kumar, ASG Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 19/09/2018 1.

Learned ASG would submit that the petitioner has remedy of preferring an appeal under Section 14-A of the Telecom Regulatory Authority of India Act, 1997 (for short 'the Act, 1997'). 2.

In view of the existence of alternative remedy, the writ petition is disposed of with direction that the petitioner may prefer an appeal before the Appellate Authority under Section 14-A of the Act,

1997 within a period of 4 weeks from today. On such appeal being filed, the Appellate Authority shall consider and decide the same expeditiously, within a period of 4 months. The petitioner may also move an application for an interim order before the Appellate Authority.

For a period of 6 weeks from today, no coercive steps be taken for recovery of the subject demand provided the petitioner moves an application for interim relief before the Appellate Authority, who shall decide the same in accordance with law before the expiry of period for which the interim protection is granted. The interim protection granted shall remain subject to the order passed by the Appellate Authority on petitioner's application for grant of interim relief. In any case, this order shall lose its efficacy immediately on expiry of 6 weeks and thereafter the order passed by the Appellate Authority shall hold the field. Sd/- Prashant Kumar Mishra Judge Nirala