- (1.) The Court: We are of the view, it is no use disposing of the application only, rather having regard to nature and extent of the matter, by consent of the parties, dispensing with all the formalities, the appeal itself is taken up for hearing along with the stay application.
(2.) This appeal assails the order of the learned single Judge dated 3rd March, 2010 by which His Lordship has been pleased to dismiss the writ petition observing that since there exists alternative remedy, it would be proper to relegate the matter to the Appellate Authority.
(3.) Learned Counsel for the Appellants has drawn our attention to the order admitting the writ petition dated 12th April, 2007 passed by another single Judge where His Lordship in exercise of discretion decided to hear out the matter on affidavits; of course, His Lordship reserved the point of maintainability. Learned Counsel submits that when the writ petition was admitted with a rider of maintainability, it was not proper for the learned single Judge to dismiss the writ petition on the ground of existence of alternative remedy.;