Disposed

Maqbool Ahmad and 18 Others v. State of U.P. and 4 Others

Allahabad HC15 Nov 2019WRIC/36963/2019

Case brief

AI extract

What is this about?

In this writ petition, the court granted relief to the petitioner by directing the Collector of Deoria to decide an interim stay application within four weeks and the final appeal within three months. The court also suspended coercive measures for six weeks. This is a disposal order enjoining specific action and setting timelines.

What did the court decide?

Direction to Collector to decide stay application within 4 weeks and appeal within 3 months; coercive measures stayed for 6 weeks.

Maqbool Ahmad and 18 Others Vs State of… — Civil Procedure and Limitation | Allahabad HC (2019)

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Court No. - 1 Case :- WRIT - C No. - 36963 of 2019 Petitioner :- Maqbool Ahmad And 18 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Narayan Dutt Shukla,Sri R.C. Singh (Sr.Adv.) Counsel for Respondent :- C.S.C. Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.

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Heard Sri R.C.Singh, learned Senior Advocate, assisted by Sri Narayan Dutt Shukla, learned counsel for the petitioner, learned Standing Counsel appearing for the State respondents and perused the record.

¶3

By means of this writ petition, under Article 226 of the Constitution of India, the petitioner has made a prayer for a writ of mandamus seeking direction to the respondent no.2, Collector, District Deoreia, to decide the appeal along with stay application already filed by the petitioner on 23.9.2019 and in which now15.11.2019, it is stated, has been fixed.

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The grievance of the petitioner is that the petitioner's interim application for stay against the order of demolition has also remained pending and no order has come to passed on the said urgent stay application till date.

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The apprehension of the petitioner is that the respondents are virtually borrowing time to have the advantage to get the constructions any how demolished and in case the constructions are demolished pursuant to the order impugned in the pending appeal, the appeal would be rendered infructuous.

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In such above view of the matter, we are disposing of the writ petition with a direction to the respondent no.2 Collector, Deoria to decide the interim stay application of the petitioner in the pending appeal within a period of four weeks from the date of production of a certified copy of this order. We may further observe that it shall be the endeavour of the Collector, Deoria also to finally dispose of the appeal of the petitioner within a maximum period of three months from the date of production of a certified copy of this order.

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It is made clear that no coercive measure shall be taken against the petitioner pursuant to the notice dated 7.11.2019 for a period of six weeks from today.

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(Ajit Kumar, J.) (Ramesh Sinha, J.)

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Order Date :- 15.11.2019/NS

Maqbool Ahmad and 18 Others v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Maqbool Ahmad and 18 Others v. State of U.P. and 4 Others

Case brief

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What did the court decide?

What the court decided

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