The court allowed the petitioner an opportunity to file an appeal under the U.P. Revenue Code, 2006 within four weeks. If filed timely, the appellate court would decide on merits without addressing delay, prompted by the Covid-19 pandemic.
Petitioner allowed to file appeal within four weeks; appellate court to decide on merits without delay.
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Court No. - 6
Case :- WRIT - C No. - 10198 of 2021
Petitioner :- Ramdular Verma Respondent :- State Of U P And 8 Others Counsel for Petitioner :- Sarvesh Kumar Pandey,Parvesh Kumar Pandey Counsel for Respondent :- C.S.C.,Bipin Bihari Pandey
Hon'ble Ajay Bhanot,J.
Heard Shri Sarvesh Kumar Pandey, learned counsel for the petitioner, Shri Bipin Bihari Pandey, learned counsel for the respondent and learned Standing Counsel for the Staterespondents.
Shri Bipin Bihari Pandey, learned counsel for the respondent as well as learned Standing Counsel for the State contend that the impugned order passed by the Sub Divisional Magistrate (Revenue), Tehsil Sadar, District Varanasi, under Section 134 of the U.P. Revenue Code, 2006 is appealable under the U.P. Revenue Code,2006.
Faced with this, Shri Sarvesh Kumar Pandey, learned counsel for the petitioner does not dispute the aforesaid fact. He recasts his relief and submits that because of Covid-19 Pandemic, the appeal could not be filed in time. The petitioner wishes to avail his remedy under the U.P. Revenue Code, 2006.
Considering the facts and situation of the case, it is open to the petitioner to file an appeal under the U.P. Revenue Code, 2006 before the appellate court. In case the appeal is filed within a period of four weeks from today the appellate court shall decide the same on merits without going into the
issue of delay.
The writ petition is disposed of.
Order Date :- 1.7.2021 Dhananjai
2 issues framed by the court
Whether the petitioner can avail remedy under U.P. Revenue Code, 2006 due to delay caused by COVID-19 pandemic.
Whether the appeal should be decided on merits without going into delay if filed within four weeks.
1 provisions across 1 enactments
Ramdular Verma
State Of U P
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
