NARAIN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition was presented on 10th July, 1984 when we directed the State Counsel to obtain instructions and inform the Court about the latest position.

(2.) IN this writ petition the petitioner has expressed his grievance with respect to the order passed by the Collector, which obviously purports to be one in exercise of jurisdiction under sub-clause (2) of Rule 328 of the U. P. Excise Manual Volume I. We would not like to express any opinion on the merits of the petition as it transpires that the petitioner had already preferred a revision before the State Government in pursuance of sub-clause (2) of Section 11 of the U. P. Excise Act (hereinafter referred to as the Act). IN this writ petition a prayer has been made for issue of a writ, order or direction in the nature of mandamus directing the opposite parties to dispose of the revision petition as contained in Annexure 7 to this writ petition.

(3.) IT may be mentioned that the impugned order is subject to appeal as per sub-clause (1) of Section 11 of the Act which reads as under :-