AJOY NATH RAY, ASHOK BHUSHAN, J. - (1.) HEARD learned Counsel for the appellant and Sri Anurag Khanna, learned Counsel appearing for respondent Nos. 2 and 3 and learned Standing Counsel.
(2.) THIS is an appeal against an order dated 29.6.2006 passed by the learned Single Judge during vacation dismissing the writ petition filed by the writ petitioner against the order dated 17.6.2006 on the ground of alternative remedy of statutory appeal. The writ petition was filed against the order dated 17.6.2006 passed by the Muzaffarnagar Development Authority, Muzaffarnagar directing for demolition. Learned Counsel appearing for the appellant submitted that the writ petition was not liable to be dismissed on the ground of alternative remedy since the appellant's case is fully covered by the judgment of the Supreme Court in the case of Whirlpool Corporation v. Registrar of Trade Marks, Mumbai and others, (1998) 8 SCC 1. He submits that the case is covered with one of the exceptions laid down in the said judgment.
(3.) WE have considered the submissions and perused the records. The order dated 17.6.2006 reads that although the appellant was given an opportunity to show cause but he filed to show cause to the said notice. Hence the order is being passed.;