Ram Shankar Pandey and Another Vs State of U.P. Thru. Prin. Secy., Revenue, Lucknow and Others — Allahabad HC (2024) — LawSathi Research

Ram Shankar Pandey and Another Vs State of U.P. Thru. Prin. Secy., Revenue, Lucknow and Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no.2 to decide the pending appeal filed by the private respondents as expeditiously as possible, preferably within three months from the date a certified copy of the order is placed before the appellate authority, after full opportunity of hearing and without unnecessary adjournments; relief no.1 was not pressed.

Issue for consideration

Whether the writ petition should be disposed of with a direction to respondent no.2 to expedite and decide the appeal filed by the private respondents, pending before respondent no.2, within a fixed timeframe.

Court's answer

Without entering into the merits, the Court directed respondent no.2 to consider and decide the pending appeal as expeditiously as possible, after affording full opportunity of hearing to the parties, without granting unnecessary adjournments, and preferably within three months from the date a certified copy of the order is placed before the appellate authority.

Ratio / Principle

The Court made it clear that it had not examined the case of either party on merits, and that the appellate court shall decide the appeal strictly in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Writ-C No. 1416 of 2024, Jaspreet Singh, J., order dated 12.2.2024): The petitioner did not press relief no.1 and confined the petition to seeking expedition of an appeal filed by the private respondents pending before respondent no.2 (the appellate authority). Learned Standing Counsel and counsel for the Gaon Sabha raised no objection. Without entering into the merits, the Court directed respondent no.2 to consider and decide the pending appeal as expeditiously as possible, after affording full opportunity of hearing to the parties and without granting unnecessary adjournments, preferably within three months from the date a certified copy of the order is placed before the appellate authority. The Court expressly clarified that it had not examined the case of either party on merits and that the appeal must be decided strictly in accordance with law. The petition was disposed of.

Neutral Citation No. - 2024:AHC-LKO:12484

Court No. - 8

Case :- WRIT - C No. - 1416 of 2024

Petitioner :- Ram Shankar Pandey And Another Respondent :- State Of U.P. Thru. Prin. Secy., Revenue, Lucknow And Others

Counsel for Petitioner :- Parijat Mishra Belavra,Chandra Shekhar Shukla Counsel for Respondent :- C.S.C.,Mohan Singh

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioners. Notice on behalf of the respondents no.1, 2 and 3 has been accepted by the office of the Chief Standing Counsel. Shri Mohan Singh, learned counsel has accepted notice on behalf of the respondent no.4.

In view of the order proposed to be passed, notice to the private respondents is dispensed with.

Learned counsel for the petitioners, at the very outset, submits that he does not wish to press his relief no.1 rather he only prays that the appeal filed by the private respondents pending before the respondent no.2 may be expedited.

Learned Standing Counsel and the counsel for the Gaon Sabha submits that there is no objection in case if an expedite order is passed.

Considering the aforesaid as well as the statement made by Shri Parijat Mishra Belavra that the instant petition will be considered only in so far as the relief no.2 is concerned, hence without entering into the merits, this Court directs the respondent no.2 to consider and decide the pending appeal as expeditiously as possible after affording full opportunity of hearing to the parties but without granting any unnecessary adjournments preferably within a period of three months, from the date a certified copy of this order is placed before the appellate Authority.

It is made clear that the Court has not examined the case of either of the parties on merits and the appellate court shall decide the appeal strictly in accordance with law.

With the aforesaid, the petition is disposed of .

Order Date :- 12.2.2024 ank

Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench