Disposed

Jag Prasad Thru. His Krishna Kumar @ Krishan v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue, Lucknow and Others

Allahabad HC5 Jul 2024/3082/2024

Case brief

AI extract

What is this about?

In a matter under Article 227, the court directed the respondent authority to consider the long-pending appeal and application for interim relief within two weeks. The court explicitly stated it was not examining the case on merits.

What did the court decide?

Respondent No. 2 directed to consider the appeal and application for interim relief on a fixed date or within two weeks.

Jag Prasad Thru. His Krishna Kumar @ Krishan Vs… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:45894

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 3082 of 2024

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Petitioner :- Jag Prasad Thru. His Krishna Kumar @ Krishan Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lucknow And Others Counsel for Petitioner :- Brij Raj Singh,Anil Kumar Singh Counsel for Respondent :- C.S.C.,Mohan Singh

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Hon'ble Jaspreet Singh,J.

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

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In view of the order proposed by the court, notice to the private respondents no.4 to 9 is dispensed with.

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Submission of the learned counsel for the petitioner is that the petitioner as appellant has preferred an appeal which is engaging attention of the respondent no.2 on 27.10.2023. Since then number of dates have been fixed but the appeal has not been taken up either for admission nor for consideration of the application for interim relief.

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It has further been pointed out that from the extract of the order sheet which has been brought on record as annexure no.2 which would indicate that the matter has been adjourned for the reasons beyond control of the petitioner who is suffering irreparable injury on account of non consideration of his appeal as well as the application for interim relief. In the circumstances, the petitioner prays that some expedite order be passed so that his application for interim relief can be considered by the appellate court.

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Learned counsel for the State as well as Shri

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Mohan Singh, learned counsel for the Gaon Sabha submits that he has no objection in case if any order for expedition is passed.

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Considering the facts and circumstances, this Court is of the view that no gainful purpose will be served in keeping the petition pending rather ends of justice can be met by directing the respondent no.2 to consider the appeal for admission as well as the application for interim relief preferably on the next date fixed which has been informed by the counsel for the petitioner to him on 09.07.2024 and in case if the same is not possible, then within two weeks thereafter.

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

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With the aforesaid observations, the petition is disposed of.

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Order Date :- 5.7.2024 ank

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

Jag Prasad Thru. His Krishna Kumar @ Krishan v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue, Lucknow and Others

Case brief

What is this about?

What did the court decide?

Jag Prasad Thru. His Krishna Kumar @ Krishan v. State of U.P. Thru. Prin. Secy. Deptt. of Revenue, Lucknow and Others

Case brief

What is this about?

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