TMI Blog2021 (11) TMI 721X X X X Extracts X X X X X X X X Extracts X X X X ..... f UPGST Rules - HELD THAT:- Though the order is appealable, there is a patent error has crept in the impugned order inasmuch as no adjudication notice appears to have been issued to the petitioner before passing the order dated 18.02.2021. That being an undisputed fact, no useful purpose would be served in relegating the petitioner to avail statutory alternative remedy, at this stage. The order da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act and impugned notice dated 08.01.2021 issued by the respondent no.2 (Annexure-3 to the writ petition). II. Issue a suitable writ, order or direction in the nature of certiorari for quashing the impugned order dated 18.02.2021 issued by the respondent no.2 (Annexure-4 to the writ petition)." 3. Upon fresh hearing held on 27.10.2021, we had passed the below quoted order on the basis of su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... take precaution during the spread of pandemic COVID-19. Shri Manu Ghildyal and Shri Parv Agarwal, learned counsel for the respondents may obtain written instructions as to the above noted facts. Put up on 02.11.2021 as fresh." 4. Today, upon revisiting his position, learned counsel for the petitioner submits, infact the notice dated 08.01.2021 is a preliminary notice inasmuch that notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to have been issued to the petitioner before passing the order dated 18.02.2021. That being an undisputed fact, no useful purpose would be served in relegating the petitioner to avail statutory alternative remedy, at this stage. 7. Accordingly, the order dated 18.02.2021 is set aside. It is provided that that the petitioner may treat the order dated 18.02.2021 as the final notice issued to it und ..... X X X X Extracts X X X X X X X X Extracts X X X X
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