Dev Singh vs State Of Himachal Pradesh And Others

Ajay Mohan Goel, J

By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:

“(i) That in the nature of certiorari may kindly be issued, Annexure PÂ21 may kindly be quashed and set aside till the final outcome of appeal,

which is pending before Appellate Court below.

(ii) That cost of the present Civil Petition may kindly be imposed on the respondents.â€​

A perusal of the provisions of RuleÂ143(e) of the Himachal Pradesh Panchayati Raj (General) Rules, 1997 demonstrate that the order which has

been assailed by the petitioner before this Court is revisable before the Secretary, Panchayati Raj. This means that the petitioner has filed this writ

petition without exhausting statutory remedy available to him.

Faced with this situation, learned counsel for the petitioner submits that the petitioner may be permitted to withdraw this petition, with liberty to

approach the statutory authority for the redressal of his grievance. Petition is permitted to be withdrawn, with liberty as prayed for. It is clarified that

in the event of the petitioner filing an application for condonation of delay in approaching the statutory authority, then the time spent by the petitioner

while pursuing this petition before this Court shall be excluded while computing the period of limitation. Miscellaneous applications, if any also stands

disposed of.