The High Court disposed of a writ petition filed for delay in deciding an appeal under the UP Urban Planning Act, directing the Appellate Authority to decide it expeditiously.
Observation that Appellate Authority shall take all endeavour to decide the appeal expeditiously.
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Court No. - 34
Case :- WRIT - C No. - 1106 of 2023
Petitioner :- Prnav Tripathi Respondent :- Commissioner, Prayagraj Division , Prayagraj And 8 Others
Counsel for Petitioner :- Chandan Sharma,Ravi Kumar Bhatia Counsel for Respondent :- Gaurav Dhama,Pramod Kumar Singh
Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri Shubham Tripathi, Advocate, holding brief of Sri Chandan Sharma, learned counsel for petitioner, and Sri Pramod Kumar Singh, learned counsel appearing on behalf of respondent Nos.2 and 3.
Shubham Tripathi, Advocate for petitioner submits that Appeal No. 132 of 2022 (Computerized No. C 202202000000132) (Rajendra Kumar Vishwakarma & others Vs. Prayagraj Development Authority & others) under Section 27(2) of Uttar Pradesh Urban Planning & Development Act, 1973 filed by contesting respondents is pending for more than one year, however, the Appellate Authority has not decided till date.
Learned counsel further submits that a reply to the appeal has already been filed by petitioner.
Considering the above submissions that though there is no provision in the aforesaid Act for expeditious disposal of appeal, since petitioner has approached this Court, this writ petition is disposed of with an observation that Appellate Authority shall take all endeavour to decide the appeal as referred above expeditiously in accordance with law.
Sri Pramod Kumar Singh, learned counsel appearing on behalf of contesting respondents undertakes that they will not take any adjournment and co-operate in proceedings for expeditious disposal of appeal.
Order Date :- 16.2.2023 P. Pandey
Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ petition should be disposed of to direct expeditious disposal of a pending appeal under the Uttar Pradesh Urban Planning & Development Act, 1973.
1 provisions across 1 enactments
Prnav Tripathi
Commissioner, Prayagraj Division
Saurabh Shyam Shamshery
As recorded by the court registry
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