A writ petition challenging the rejection of a commission application under a presiding authority order was dismissed by the Court for lack of merits as evidence was already led and no error was shown.
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Court No. - 26
Case :- MATTERS UNDER ARTICLE 227 No. - 2808 of 2019
Petitioner :- Ram Gopal Agrawal Respondent :- Smt. Shakuntala Agrawal And 2 Others Counsel for Petitioner :- Pankaj Saksena,Anupam Laloriya
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Pankaj Saksena, learned counsel for the petitioner.
The present petition seeks to challenge the order dated 26.03.2019 passed by the Prescribed Authority at Jhansi in P.A. Case No. 46 of 2016, Smt. Shakuntala Agarwal vs. Smt. Laxmi Agarwal and others, whereby the Application No. 45-C for issuance of commission has been rejected.
The Prescribed Authority while passing the aforesaid order has taken note of the fact that the proceedings are pending since the year 2016 and the earlier also an application (Application No. 28-C) had been filed by the petitioner-tenant seeking issuance of a commission on similar grounds which had been rejected by the court by a reasoned order dated 03.08.2018. It has also been recorded that the parties have already led their evidence and in view of the same the prayer for issuance of commission would not be appropriate at this stage of the proceedings. The Prescribed Authority has also taken note of the fact that the application appears to have been filed to delay the proceedings.
Counsel for the petitioner does not dispute the fact that the evidence has already been led by the petitioner and the proceedings are at an advanced stage.
No material error or irregularity has been pointed out by the petitioner in the order passed by the court below.
The petition lacks merits and is, accordingly, dismissed.
Order Date :- 18.4.2019 Imroz
[Dr. Y. K. Srivastava, J.]
2 issues framed by the court
Whether the High Court should interfere with the rejection of commission application at an advanced stage of proceedings.
Whether an order finding commission application was filed to delay proceedings suffers material error.
Ram Gopal Agrawal
Smt. Shakuntala Agrawal And 2 Others
Dr Yogendra Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
