Writ petition directed lower court to decide pending application within 10 days after hearing parties, bypassing merit analysis.
Directed application dated 24.8.2022 to be decided within 10 days after hearing all parties.
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Court No. - 40
Case :- WRIT - C No. - 33370 of 2022
Petitioner :- Om Prakash Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Chandra Solanki Counsel for Respondent :- CSC
Hon'ble Siddhartha Varma,J.
Learned counsel for the petitioner submitted that to vacate the interim order which was granted on 10.8.2022 in the Suit filed under Section 116 of the U.P. Revenue Code, 2006, an application dated 24.8.2022 was filed. Grievance of the petitioner is that the application dated 24.8.2022 was not being decided and, therefore, a prayer for a direction has been made that the application 24.8.2022 be decided expeditiously within a stipulated period of time.
Learned Standing Counsel states that all endeavour shall be made to decide the aforesaid application.
Under such circumstances, without going into the merits of the case and without calling for counter affidavit, it is being directed that the application dated 24.8.2022 filed in Suit No. 3540 of 2022 be decided within a period of 10 days, after hearing all the parties concerned, from the date of presentation of a certified copy of this order, if there is no legal impediment.
With these observations, the writ petition is disposed of. This order was passed in the presence of Smt. Vibha Srivastava holding brief of Abhinash Chandra Srivastava learned counsel for the respondent no. 4.
Order Date :- 3.12.2022
PK
(Siddhartha Varma,J.)
Digitally signed by PRAVEEN KUMAR Date: 2022.12.05 11:01:57 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should direct the lower court to decide a pending revenue suit application within a stipulated time without examining merits?
Om Prakash
State Of U.P.
Siddhartha Varma
As recorded by the court registry
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