Disposed

Isharawati and 2 Others v. State of U.P. and 4 Others

Allahabad HC21 Feb 2023WRIC/5953/2023

Case brief

AI extract

What is this about?

The High Court held that since the appeal against a final implementation order was pending, the implementation could not be directed. The writ was disposed of by directing the authority to decide the pending appeal expeditiously within six months.

What did the court decide?

Direction to the court/authority concerned to decide the appeal No.194 of 2023 expeditiously, preferably within six months, giving full opportunity of hearing to the appellants.

Isharawati and 2 Others Vs State of U.P. and 4… — Writ and Judicial Review | Allahabad HC (2023)

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Court No. - 43 Case :- WRIT - C No. - 5953 of 2023 Petitioner :- Isharawati And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Raj Kumar Vaishya,Anita Gupta Counsel for Respondent :- CSC

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Hon'ble Kshitij Shailendra,J.

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Heard Sri R.K. Vaishya, learned counsel for the petitioners, Sri Krishna Kant Gupta, learned Standing Counsel representing the respondent 1, 2 and 3.

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Learned counsel for the petitioners submits that an order was passed in favour of the petitioners under Section 35 of U.P. Revenue Code, 2006 on 01.12.2022 against which an appeal was preferred by the private respondents in which a stay application was moved which has been rejected by the appellate court on 25.01.2023. He submits that since the order has attained finality it may be implemented.

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Per contra, learned Standing Counsel submits that since the stay application preferred by the private respondents in civil appeal has been rejected recently, they may challenge the same before the appellate forum and therefore, at this stage, no direction for implementation of the order dated 01.12.2022 may be issued, particularly, when the appeal against the same is pending.

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Having heard the learned counsel for the parties and having perused the record, this Court finds that only stay application filed by the private respondents in appeal No.194 of 2023 has been rejected by the Sub-Divisional Officer on 25.01.2023 against which the private respondents may have remedy. Moreover, since the appeal itself is pending, no direction for implementation of the order dated 01.12.2022 can be passed in the present proceedings.

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Considering the facts and circumstances of the case, this petition is disposed of with a direction to the court/authority concerned to decide the appeal No.194 of 2023 (Computerized Case No.T202315510100194) expeditiously, preferably, within a period of six months from the date a certified copy of this order is produced before it after giving full opportunity of hearing to the private respondents who are appellants in the said appeal.

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Order Date :- 21.2.2023 AKShukla/-

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Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad

Isharawati and 2 Others v. State of U.P. and 4 Others

Case brief

What is this about?

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Isharawati and 2 Others v. State of U.P. and 4 Others

Case brief

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