Rajpal Singh vs State Of U.P. And 2 Others
2021 Latest Caselaw 11016 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - C No. - 12764 of 2021
 

 
Petitioner :- Rajpal Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Pravesh Kumar Yadav
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

Present petition has been filed with the following prayer:-

"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and order dated 30.12.2020 passed by Sub-Divisional Magistrate, Kanth, Moradabad.

ii) Issue a writ order or direction in the nature of mandamus commanding the respondent no. 2 to decide the application dated 19.5.2020 and consider the statement/affidavit of villagers fairly."

Learned Standing Counsel has raised a preliminary objection that against the impugned order dated 30.12.2020, statutory remedy is provided to file an appeal before the Divisional Commissioner, Moradabad and writ petition is not maintainable, therefore, this writ petition may be dismissed as not maintainable.

Learned counsel for the petitioner submitted that due to spread of Covid-19, he could not file appeal and there is 90 days limitation for filing the appeal, therefore, petitioner may be given liberty to file an appeal before the Divisional Commissioner, Moradabad and the Divisional Commissioner, Moradabad may be directed to hear and decide the appeal on merits.

Considering the facts and circumstances of the case, this writ petition is dismissed with liberty to the petitioner to file an appeal before the Divisional Commissioner, Moradabad and in case appeal is filed within 15 days from today alongwith computer generated copy of this order after verifying from the official website of the Allahabad High Court, the same shall be heard and decided on merits and not be rejected on the ground of latches.

Order Date :- 27.8.2021

Rmk.