M/S. B Venkateshwarulu v. C.D.R.S. Manager, Iocl, Tirupati

HON'BLE SRI JUSTICE S.V. BHATT W.P.No.28207 OF 2017 ORDER:

Heard Mr.A.Sudershan Reddy and Mr.Deepak Bhattacharjee, learned senior counsel for parties.

Mr.Deepak Bhattarjee, as preliminary objection, contends that the petitioner has an effective remedy of appeal under 8.9 of the Marketing Discipline Guidelines 2013. The remedy of appeal provides for examination into all aspects, including a few legal grounds raised in the present writ affidavit. The statement of counsel is placed on record.

To meet the ends of justice, to afford opportunity of appeal to petitioner and to continue to maintain the order passed by this Court on 23.08.2017, the writ petition is disposed of by this order: (a) the petitioner is given liberty to file appeal against proceedings/ letter No.TDO/ R.O/ KNL-2/ 134434 dated 02.08.2017 within four weeks from today by enclosing a copy of this order along with the appeal.

(b) the appellate authority examines the appeal and also affords opportunity of hearing while disposing of the appeal;

(c) the interim order granted on 23.08.2017 is directed to be maintained for a period of four months from today; and (d) the appeal is directed to be disposed of within two months from the date of receipt of appeal.

There shall be no order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed. ____________ S.V.BHATT, J 21st December, 2017 Lrkm