In Writ Petition No. 16741 of 2014, the Court directed the appellate authority to fix hearing dates for a pending appeal and interlocutory applications within two weeks of receiving the order copy.
Direction to the second respondent to fix hearing dates for the appeal and interlocutory applications within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.16741 of 2014
ORDER
Heard learned counsel for the petitioners and learned Government Pleader for Social Welfare.
2. The only grievance of the petitioners is that the appeal filed by them as early as on 04.09.2013 against the orders of the Special Deputy Collector (Tribal Welfare), Utnoor, in Case No.TWA1/577/2007 dated 21.02.2013, is not being taken up by the second respondent, which is the appellate authority. Petitioners state that along with the said appeal, they also filed applications for stay and condonation of delay of 113 days in presentation of the appeal, however, no dates are notified and neither the appeal nor the interlocutory applications are taken up by the second respondent.
3. Learned Government Pleader for Social Welfare, who has taken instructions, submits that the Officer holding the appellate authority was on leave and as such, the appeal could not be taken up, and as soon as the said Officer joins duty, the appeal will be disposed of expeditiously.
4. In the circumstances, the Writ Petition is disposed of with a direction to the second respondent to fix the date of hearing in the aforesaid appeal of the petitioners along with the interlocutory applications and pass appropriate orders at least on the interlocutory applications, within two weeks from the date of
receipt of a copy of this order.
5. The Writ Petition is accordingly disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_______________________ VILAS V. AFZULPURKAR, J
1st July, 2014 Note: Issue CC in three days (Bo) sj
1 issue framed by the court
Whether the appellate authority is liable for delay in fixing hearing dates for the pending appeal.
Petitioners
Special Deputy Collector (Tribal Welfare) and Appellate Authority
Vilas V Afzulkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
