Mohd. Parvej v. State of U.P. and 2 Others
Case brief
What is this about?
Single judge disposal allowing withdrawal of a writ petition challenging a District Collector's order. Petitioner permitted liberty to file a merit appeal within 15 days.
What did the court decide?
Petitioner permitted to withdraw petition with liberty to avail remedy of appeal within 15 days.
What the court decided
A compact analysis
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Court No. - 9
Case :- WRIT - C No. - 1976 of 2021
Petitioner :- Mohd. Parvej Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Mohd. Fazal Counsel for Respondent :- C.S.C.
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
Challenge in this petition is to an order dated 30.10.2020 and 21.12.2020 passed by the District Collector, Prayagraj. It is not disputed by the learned counsel for the petitioner that the order is appealable under Rule 77 of the U.P. Minor Minerals (Concession) Rules, 1963.
Therefore, instead of dwelling on merits of the matter, we permit petitioner to withdraw the petition with liberty to avail the remedy of appeal. In case, an appeal is filed by the petitioner within a period of 15 days from today, the appellate authority shall entertain the appeal on merit without throwing it overboard on the ground of limitation.
Needless to say the petitioner is at liberty to file an application seeking interim direction, the application has to be considered on its own merit.
We make it clear that we have not expressed any opinion on the merit of the matter and it is expected that the appellate authority shall decide the appeal expeditiously, however, not later than three months from the date of filing of the appeal.
Issues for consideration
1 issue framed by the court
Whether to dismiss the writ petition challenging an order of the District Collector without deciding on merits.
Parties & counsel
- petitioner
Mohd. Parvej
- respondent
State Of U.P.
Coram
Sanjay Yadav
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- WRIC/1976/2021
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