Citation : 2022 Latest Caselaw 11357 ALL
Judgement Date : 26 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- MATTERS UNDER ARTICLE 227 No. - 3098 of 2022 Petitioner :- Indrajeet Singh And 6 Others Respondent :- Settlement Officer, Consolidation, Distt-Barabanki And Another Counsel for Petitioner :- Girijesh Kumar Chauhan Counsel for Respondent :- C.S.C.,Mohan Singh Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioner. Notice on behalf of the respondents No. 1 and 2 has been accepted by the office of the Chief Standing Counsel.
In view of the order proposed to be passed by this Court, notice to the private-respondent No. 3 to 5 is dispensed with.
The sole grievance of the petitioner is that the petitioners have preferred an appeal before the SOC against the judgment dated 30.08.2019 passed by the C.O. concerned.
It is further submitted that the petitioner has also moved an application seeking stay of the order passed by the SOC, however, the said application has not been decided.
The learned counsel for the petitioner further submits that the matter is listed before the SOC on 31.08.2022.
Considering the aforesaid submissions, this Courts is of the opinion that no gainful purpose will be served in keeping the aforesaid petition pending rather ends of justice can be served by directing the respondent No.1 to decide the application for interim relief which has been pending in the appeal filed by the petitioner on the next date itself after affording opportunity of hearing to the parties and ensuring that the orders passed on the said application on the date fixed and in case if it is not possible then within a week thereafter from the date an authenticated copy of this order is placed before the authority concerned.
It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall be free to decide the matter strictly in accordance with law.
With the aforesaid, the petition is disposed of.
Order Date :- 26.8.2022
Asheesh
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