In a petition under Article 227 regarding enforcement of a release order, the High Court dismissed the petition, advising the party to expedite pending stay and commissioning applications before the appellate court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 2642 of 2019 Petitioner :- Smt. Shanti Devi And 6 Others Respondent :- Sawan Shukla And 2 Others Counsel for Petitioner :- Atiqur Rahman Siddiqui,Gaurav Tiwari
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Gaurav Tiwari, learned counsel for the petitioners.
By means of the present petition, the petitioners have sought to challenge the order dated 27.03.2019 passed by Additional District Judge (Senior Division), Court No.2, Kanpur Nagar in Misc. Case No.117/23 of 2018 in proceedings initiated for enforcement of the release order passed under Section 21(1)(a) of the U.P. Act No.13 of 1972 dated 24.04.2018, in terms of which parwana has been issued for enforcement of the release order.
Against the order dated 24.04.2018, the petitioners preferred a rent appeal, Rent Appeal No.28 of 2018, which was admitted by the appellate court vide order dated 28.05.2018; however, no interim order was passed. Thereafter the matter was listed on a number of dates and the order sheet indicates that the petitioners have not made any effort to press their stay application. Even after the order dated 27.03.2019 had been passed directing issuance of parwana , the order passed in the appeal on 28.03.2019 also does not indicate that any efforts were made to press the stay application. The order sheet also indicates that the appeal has now been fixed for 28.04.2019 for disposal of an application filed by the petitioners for appointment of Advocate Commissioner.
It is open to the petitioner to press the stay application on the next date fixed and it is expected that the court below would make an endeavour to dispose of the stay application on the said date. It is also open to the petitioners in the meantime to move an appropriate application before the prescribed authority for keeping in abeyance the proceedings initiated under Section 23 till the disposal of the stay application by the appellate court.
With the aforesaid observations, the present petition is dismissed.
Order Date :- 12.4.2019 Shahroz
(Dr. Y.K. Srivastava,J.)
1 issue framed by the court
Whether to allow the writ petition challenging the order directing issuance of _parwana_ for enforcement of the release order.
Smt. Shanti Devi And 6 Others
Sawan Shukla And 2 Others
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
