Suresh vs Additional Commissioner ...
2021 Latest Caselaw 3383 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - C No. - 7786 of 2021
 

 
Petitioner :- Suresh
 
Respondent :- Additional Commissioner Gorakhpur Division And 14 Others
 
Counsel for Petitioner :- Shri Prakash Dwivedi
 
Counsel for Respondent :- C.S.C.,Dhanbeer Mishra
 

 
Hon'ble Rajiv Joshi,J.

Heard Shri Sudeep Dwivedi, learned counsel holding brief of Shri Prakash Dwivedi, learned counsel for petitioner and learned Standing counsel for the State respondent.

The present writ petition has been filed for mandamus commanding the competent authority i.e. respondent no. 1- Additional Commissioner, Gorakhpur Division, Gorakhpur, to decide the appeal no. 16/26/P-95 (Computerized No. C-199505000043) (State of U.P. Vs. Suresh and others) of the petitioner within the stipulated period of time.

It is submitted by learned counsel for petitioner that against the order of the Prescribed Authority dated 11.2.1994 an appeal was filed by the State Government, which was allowed vide judgment and order dated 16.12.1996, therefore, the petitioner challenged that order in Writ-B No. 11478 of 1997, which was allowed and vide order dated 4.4.2003 the matter was remanded back to the Additional Commissioner, Gorakhpur Division, Gorakhpur. But nothing has been done till date.

Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and an appropriate direction may be issued to respondent no.1 to consider the grievance of the petitioner.

Considering the facts and circumstances of the case, without going into the merit of the case and with the consent of the parties, the writ petition is disposed of with a direction to respondent no. 1- Additional Commissioner, Gorakhpur Division, Gorakhpur, to decide the appeal no. 16/26/P-95 (Computerized No. C-199505000043) (State of U.P. Vs. Suresh and others) of the petitioner by reasoned and speaking order, within a period of six months from the date of production of computerized copy of this order.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.

Order Date :- 12.3.2021

S.K.