This was a disposal order in a writ petition where the petitioner was directed to await the outcome of an appeal before the appellate authority, with the current period to be condoned for limitation.
Directing petitioner to proceed before appellate authority and condoning limitation period spent here.
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Court No. - 2
Case :- WRIT - C No. - 27079 of 2018
Petitioner :- Lal Chandra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ravindra Kumar Tripathi,Abhishek Chauhan Counsel for Respondent :- C.S.C.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
After I had passed the order in the morning, learned counsel for the petitioner has mentioned the matter and that is how the matter is taken up for hearing.
It is submitted that the impugned order dated 12.7.2018 was challenged on 3.8.2018. The petitioner was distributing the food grains to the card holders and on the recommendation of the District Magistrate concerned, an F.I.R. was lodged against the petitioner being Case Crime No.432 of 2018.
The action of the respondent is under challenge. The petitioner will be at liberty to challenge the order impugned before the appellate authority and as the order impugned is very recent, the appellate authority will also hear the stay application as expeditiously as possible.
This petition may also form part of the memo of appeal/stay application which may be filed by the petitioner herein. The period spent here shall be condoned while calculating the limitation.
With the aforesaid observations and directions, this petition is disposed off.
Order Date :- 6.9.2018 DKS
Lal Chandra
State Of U.P.
Kaushal Jayendra Thaker
As recorded by the court registry
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