Single-judge bench dismissed Writ Petition seeking expedited hearing of criminal appeal. Bench held it lacked jurisdiction to review larger bench's decision.
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Court No. - 2
Case :- WRIT - C No. - 2394 of 2021
Petitioner :- Gyan Prakash Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jitendra Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
(On Civil Misc. Substitution Application No. Nil of 2021)
Heard learned counsel for the applicant/petitioner.
Application is allowed.
Necessary substitution to be carried out during the course of the day.
(On Memo of Writ Petition)
By the instant petition, petitioner seeks the following relief:
"(i) to issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2/Commissioner Gorakhpur Mandal, Gorakhpur to hear and decide the appeal No. C201905000000165 of 2019 (Gyan Prakash Vs. Om Prakash and others) U/s 333 U.P.Z.A. & L.R. Act 1950 expeditiously within short stipulated period of time."
On perusal of the pleadings and material placed on record, this Court does not find any reason to expedite the appeal. In view thereof, writ petition is dismissed.
However, it is provided that in the event of the petitioner making an application to expedite the aforesaid appeal pending before the competent court, it is expected that respondent no. 2/Commissioner Gorakhpur Mandal, Gorakhpur, shall consider and decide the petitioner's appeal, in accordance with law.
Order Date :- 22.7.2021
K.K. Maurya
2 issues framed by the court
Whether a single-judge bench is justified in dismissing a writ petition contrary to the order of the larger bench.
Whether the Court has the jurisdiction to entertain a single-judge Writ petition against the order of a larger bench.
Gyan Prakash
State Of U.P.
Suneet Kumar
K.K. Maurya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
