Chhailu vs Addl. Commissioner Iiird Devi ...
2021 Latest Caselaw 4324 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 
Case :- MISC. SINGLE No. - 7854 of 2021
 
Petitioner :- Chhailu
 
Respondent :- Addl. Commissioner Iiird Devi Patan Gonda & Ors.
 
Counsel for Petitioner :- Vijayendra Prakash Tripat,Rajesh Kumar Singh
 
Counsel for Respondent :- C.S.C.,Rajesh Kumar Awasthi
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Counter affidavit filed today by Sri Rajesh Kumar Awasthi, learned counsel for the respondent, is taken on record.

This petition has been filed with the following main prayer:-

"(i) issue a writ, order or direction in the nature of Certiorari for quashing of that part of impugned order dated 24-2-2021 passed by opp. party no.1 by which he has been illegally rejected to grant the interim relief in favour of the petitioner contained as Annexure No.1 to this writ petition."

It is the case of the petitioner that by the order dated 24.02.2021, the respondent no.1 has not assigned any reasons for rejecting the application for interim relief filed along with the Revision, although he has admitted the Revision and summoned the lower court record.

This Court finds that indeed the order dated 24.02.2021 is non-speaking, it refers to several judgments cited by the learned counsel for the petitioner/ revisionist but does not say as to why the same are applicable to the facts of the petitioner's case in so far as his application for interim relief application.

The order dated 24.02.2021 in so far as it rejects the application for stay filed along with the Revision is set aside.

The matter is remitted to the respondent no.1 to consider afresh the stay application filed by the petitioner and pass reasoned and speaking order thereon.

This petition is partly allowed.

Order Date :- 22.3.2021

Rahul