Chhail Bihari vs State Of U.P Thru Prin Secy Revenue ...
2017 Latest Caselaw 1401 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 15
 
Case :- MISC. SINGLE No. - 12420 of 2017
 
Petitioner :- Chhail Bihari
 
Respondent :- State Of U.P Thru Prin Secy Revenue Lko & Ors
 
Counsel for Petitioner :- Raj Priya Srivastava
 
Counsel for Respondent :- C.S.C
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

1.  By way of this petition petitioner has felt aggrieved by dismissal of his appeal in default by Additional District & Sessions Judge-II, Ambedkar Nagar. Impugned order dated 26.10.2012  passed by District Magistrate, Ambedkar for release of food-grains was rejected which was challenged to be illegal. The Additional District & Sessions Judge-II, Ambedkar Nagar passed order on 6.11.2015. By consent of both the counsel, this petition is taken up for final disposal.

2.  The appeal being Misc. Case No. 4/13 arising out of Case Crime No. 65/2012  shall be decided afresh. Appeal was dismissed, as there was some communication gap between the counsel for  appellant and appellant. The reason given in paragraph no. 15 of this petition will permit this Court to quash the order of Additional District & Sessions Judge-II, Ambedkar Nagar who is requested to decide the Miscellaneous Case No. 4/13 as expeditiously as possible. Petitioner herein shall not seek any undue adjournment only with to give chance to petitioner, this exercise be undertaken without going into merits of the order.

3.  This petition is allowed. The order dated 6.11.2015 is hereby quashed and set aside. However, the order dated 26.10.2012 passed in Case No. 3/2012 passed by Opposite Party No. 3 is question of adjudication before Additional District & Sessions Judge-II, Ambedkar Nagar hence, the said prayer cannot be granted.

Order Date :- 30.5.2017/Mukesh