Disposed

Harishankar Gupta v. State of U.P. and 7 Others

Allahabad HC10 Sept 2020WRIC/12772/2020

Case brief

AI extract

What is this about?

The High Court granted liberty to the petitioner to file an appeal under Section 472 of the Uttar Pradesh Municipal Corporation Act, 1959, before the concerned court, effectively disposing of the writ petition without adjudication on merits.

What did the court decide?

Liberty granted to file an appeal under Section 472 of the U.P. Municipal Corporation Act, 1959, within two weeks. If not filed, the order ceases to operate.

Harishankar Gupta Vs State of U.P. and 7 Others — Writ and Judicial Review | Allahabad HC (2020)

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Court No. - 32

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Case :- WRIT - C No. - 12772 of 2020

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Petitioner :- Harishankar Gupta Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Ishir Sripat, Ambarish Chatterji, Vijay Gautam (Senior Adv.) Counsel for Respondent :- C.S.C., Ram Bahadur Singh

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Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.

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This writ petition has been filed, interalia, for the following reliefs:

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"a. Issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 20/01/2017 & 19/07/2019 passed by Respondent Nos. 5 & 4 respectively, enclosed as (Annexure No. 1 & 2) to this writ petition.

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b. Issue a writ, order or direction in the nature of mandamus commanding the respondent authorities, to correct the name of petitioner in the records of Plot Nos. 52, 53, 54 and 55 Mohalla Gadhi Gadipura, Tehsil and District Shahjahanpur."

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Heard learned counsel for the parties and perused the material available on record.

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At the very outset, learned counsel appearing on behalf of the respondents-Nagar Nigam, Shahjahanpur raised a preliminary objection with regard to the maintainability of the present writ petition as the impugned order is appealable under Section 472 of the Uttar Pradesh Municipal Corporation Act, 1959 before the concerned Court.

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In view of the above, we grant liberty to the petitioner to file an appeal under Section 472 of

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the Uttar Pradesh Municipal Corporation Act, 1959 before the concerned Court within a period of two weeks from today. In case, the petitioner files an appeal before the concerned Court within two weeks from today, the same shall be decided by the said authority expeditiously preferably within a period of two weeks from the date of receipt of the certified copy of this order ignoring the period of limitation in filing the appeal. In case, the petitioner does not file any such appeal within the aforesaid stipulated period before the concerned Court, the benefit granted to the petitioner under this order shall cease to operate.

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With the aforesaid observation, this writ petition stands disposed of.

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Order Date :- 10.9.2020 Arun

Harishankar Gupta v. State of U.P. and 7 Others

Case brief

What is this about?

What did the court decide?

Harishankar Gupta v. State of U.P. and 7 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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