High Court of Punjab and HaryanaCWP/19294/2021dismissed

M/S Guru Kirpa Impex v. State Of Punjab And Others

2021-10-05The Chief Justice,Mr. Justice Arun Palli2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-19294-2021 (O&M) Date of decision:- 05.10.2021 M/s Guru Kirpa Impex

...Petitioner (s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE RAVI SHANKER JHA, CHIEF JUSTICE HON'BLE MR. JUSTICE ARUN PALLI

Present:

Mr. R.S. Bains, Senior Advocate, with Mr. Mohan Singh Chauhan, Advocate, for the petitioner.

Mr. Vikas Mohan Gupta, Additional Advocate General, Punjab. (The aforesaid presence is being recorded through video conferencing since the proceedings are being conducted in virtual Court) * * * * RAVI SHANKER JHA, C.J. (ORAL) CM-14840-CWP-2021 Leave is granted to place on record the Explosive Act, 1884 (Annexure P-11) and The Explosive Rules, 2008 (Annexure P-12) filed on behalf of the petitioner and the application is allowed. CWP-19294-2021 When confronted with the fact that the petitioner has a statutory, alternative and efficacious remedy by way of appeal under Section 6(f) of the Explosive Act, 1884, learned senior counsel appearing for the petitioner prays for withdrawal of the writ petition with liberty to file an appeal within three days.

He, however, submits that the respondent-authorities be directed to decide the appeal or in the alternative the interim application for stay filed by the petitioner expeditiously, for the matter is time sensitive. Mr. Vikas Mohan Gupta, learned Additional Advocate General, Punjab, submits that in case the petitioner files such an appeal, the same shall be considered and decided by the appellate-authority AMODH SHARMA 2021.10.

CWP-19294-2021 (O&M) expeditiously and in any case the interim application for stay shall be considered and decided by the authorities at the earliest. The writ petition stands dismissed as withdrawn with the aforesaid liberty.

(RAVI SHANKER JHA) CHIEF JUSTICE (ARUN PALLI) JUDGE 05.10.2021 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No AMODH SHARMA 2021.10.07 18:01 I attest to the accuracy and integrity of this document