High Court disposed of the writ petition with an observation directing the concerned court to decide the pending stay application expeditiously within one month, provided no unnecessary adjournment is sought.
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Court No. - 38
Case :- WRIT - C No. - 1867 of 2019
Petitioner :- Pradeep Pandey Respondent :- State Of U P And 8 Others Counsel for Petitioner :- Bipin Kumar Agarwal Counsel for Respondent :- C.S.C.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Bipin Kumar Agarwal, learned counsel for the petitioner and Sri Surendra Kumar Pandey, learned counsel for the respondent nos. 1 to 4.
By means of the present petition, a direction is sought to the respondent no. 2 to decide the Appeal No. C20180000001086 of 2018 (Pradeep Pandey Vs. Vijay Nandan and others) filed under Section 208 of the U.P. Revenue Code, 2006 pending before the said authority, with a further prayer to decide the stay application filed by the petitioner in appeal proceedings wherein 21.2.2019 is said to be fixed.
Learned counsel for the petitioner makes a prayer that he may be allowed to press only the relief with regard to a direction for deciding the stay application which is fixed for 21.2.2019 before the respondent no. 2. It is submitted that pursuant to the order dated 5.11.2018 passed by the respondent no. 3 in Case No. 03886 of 2017, the petitioner is facing imminent threat of being dispossessed.
Learned Standing Counsel has not objected to the prayer of the petitioner for an early disposal of the stay application in pending second appeal before the respondent no. 2.
With the consent of the parties the writ petition is disposed of with an observation that in case the petitioner appears before the court concerned and does not seek any unnecessary adjournment it is expected that the court below would make an endeavour to decide the stay application of the peittioner expeditiously, preferably within one month from the date of presentation of a certified copy of this order, if there is no other legal impediment.
Order Date :- 21.1.2019 Pratima
(Dr. Y.K.Srivastava,J.)
1 issue framed by the court
Whether the High Court can direct the Authority to decide the pending appeal and stay application expeditiously.
Pradeep Pandey
State Of U P
Dr. Yogendra Kumar Srivastava
As recorded by the court registry
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