Under Article 226, this Court disposed of a petition by directing the lower court to decide a pending 7-C application within two months, ensuring proper service and hearing.
Direction to decide pending 7-C application within two months with proper service and hearing.
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Court No. - 37
Case :- MATTERS UNDER ARTICLE 227 No. - 649 of 2023
Petitioner :- Arshad Warsi Respondent :- Nagar Palika Parishad And 2 Others Counsel for Petitioner :- Ajay Singh,Hitesh Kumar Mishra Counsel for Respondent :- Vikrant Pandey
Hon'ble Ajit Kumar,J.
Heard Sri Hitesh Kumar Mishra, learned counsel for the petitioner, Sri Gaurav Srivastava, learned Advocate holding brief of Sri Vikrant Pandey, larned counsel for the contesting respondents and Sri B.P. Tiwari, learned counsel for respondent no. 3 who has filed his Vakalatnama which is taken on record.
By means of this petition under Article 227 of the Constitution, the petitioner has prayed for expeditious disposal of his Original Suit, but now he prays for a direction to the court below to decide his pending 7-C application as expeditiously as possible.
It is submitted that the aforesaid application has remained pending.
Considering the overall facts and circumstances of the case, this petition is disposed of with a direction to the court concerned to conclude and decide the aforesaid application strictly in accordance with law and after recording satisfaction regarding service of summons and giving full opportunity of hearing to the appearing parties, as expeditiously as possible preferably within a period of two months positively from the date of production of certified copy of this order.
It is clarified that in the event, this order could not be carried out within the time frame fixed for any technical reason, then for such delay in disposal of the appeal and pendency thereof itself shall ordinarily not be a ground sufficient enough to fasten the authority concerned with personal liability of contempt.
Order Date :- 20.1.2023 IrfanUddin
Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the court below should decide the pending 7-C application expeditiously with proper recording of service of summons and hearing opportunity.
Arshad Warsi
Nagar Palika Parishad
Ajit Kumar
As recorded by the court registry
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