Nature uphold liberty to file urgency application instead of quashing
Liberty granted to petitioner to file urgency application for early disposal of appeal and interim relief; respondent directed to dispose expeditiously upon receipt.
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Neutral Citation No. - 2024:AHC-LKO:39868
Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 2583 of 2024
Petitioner :- Devideen Respondent :- Addl. Commissioner Lko. Division Lko. And 16 Others Counsel for Petitioner :- Ramesh Chandra Gupta Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey
Hon'ble Manish Kumar,J.
Heard learned counsel for the parties and gone through the record of the case.
Learned counsel for the petitioner has submitted that the present writ petition has been preferred for issuing direction to the respondent no.1/Addl. Commissioner Lucknow Division, Lucknow to decide the Appeal as well as interim relief application in Appeal No.C202310000001993, filed under Section 24(4) of the U.P. Revenue Code, 2006, titled as 'Devi Deen vs. Up Ziladhikari, Lakhimpur, District Lakhimpur Kheri' which is pending since 12.07.2023, within a stipulated time as this Hon'ble Court may fix.
It is further submitted that the appeal was filed on 12.07.2023 and thereafter, on 21.11.2023, the interim relief application has been filed by the petitioner in the appeal but till date, no orders has been passed on the interim relief application of the petitioner.
Learned Counsel has further submitted that Rule 183(4) of the U.P. Revenue Code Rules, 2016 mandates that the appellate court shall make endeavour to decide the appeal within a period of six months from the date of filing of appeal whereas in the present case the stipulated period under Rule 183(4) of the U.P. Revenue Code Rules, 2016 has already been expired.
On being specifically asked from learned counsel for the petitioner that whether petitioner has preferred any application for early disposal of the appeal along with interim relief application by showing urgency in the matter before the Court concerned, it has been replied by learned counsel for the petitioner that no such application has been preferred before the Court concerned and petitioner has approached this Court directly for deciding the case expeditiously.
At this stage, learned counsel for the petitioner has submitted that present petition may be disposed of with a liberty to the petitioner to move an urgency application for early disposal of the appeal along with interim relief application before the Court concerned and if any such
application is preferred by the petitioner the same may be decided by the respondent no. 2 within the stipulated time fix by this Court.
Learned Standing Counsel has no objection to the prayer made by learned counsel for the petitioner.
On the request of learned counsel for the petitioner and without entering into the merit of the case, the present petition is disposed of with liberty to the petitioner to move an urgency application for early disposal of the appeal as well as interim relief application in Appeal No.C202310000001993, filed under Section 24(4) of the U.P. Revenue Code, 2006, titled as 'Devi Deen vs. Up Ziladhikari, Lakhimpur, District Lakhimpur Kheri' which is pending since 12.07.2023 & 21.11.2023 respectively before respondent no. 1. If any such application is preferred, it is expected that respondent no. 1 shall decide the urgency application preferred by the petitioner expeditiously in accordance with law, after giving opportunity of hearing to the parties concerned and without providing any unnecessary adjournment to either of the parties.
Order Date :- 25.5.2024 Nitesh
Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether to issue direction to the respondent to decide the pending appeal and interim relief application within a stipulated time.
1 provisions across 1 enactments
Devideen
Addl. Commissioner Lko. Division Lko.
Manish Kumar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
