Karan Singh vs State Of U.P. And 20 Others
2022 Latest Caselaw 5354 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - C No. - 10166 of 2022
 

 
Petitioner :- Karan Singh
 
Respondent :- State Of U.P. And 20 Others
 
Counsel for Petitioner :- Brajesh Shukla
 
Counsel for Respondent :- C.S.C.,Arun Kumar Pandey
 

 
Hon'ble Siddharth,J.

Heard learned counsel for the petitioner and Sri Arun Kumar Pandey, learned counsel for the respondent no. 21, Gram Sabha.

The petitioner is aggrieved by the rejection of the stay application in Appeal No. 1560 of 2021 pending before Commissioner, Moradabad Division, Moradabad against the judgment and decree passed in Partition Suit No. 2564 which was decreed on 08.02.2021. The stay application of the petitioner has been rejected by the order dated 30.11.2021 while his appeal has been entertained.

A perusal of the order dated 30.11.2021 passed by the Commissioner (Administration), Moradabad Division, Moradabad shows that he has not given any reason for rejecting stay application. It has only been stated that after hearing the counsel for the parties, no ground is made out for grant of any stay order.

The order impugned shows non-application of mind and is hereby quashed. It is directed that the aforesaid Additional Commissioner will grant opportunity of hearing to the parties concerned on the stay application and shall pass fresh order in accordance with law within a period of one month from today.

Order on Civil Misc. Stay Application

Till the stay application is decided afresh, the parties are directed to maintain status quo with regard to the nature, character and possession over the suit property.

The writ petition is disposed of.

Order Date :- 23.6.2022

Rohit