Manoj Kumar Parashar And Another vs State Of U.P. And 5 Others
2023 Latest Caselaw 3244 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 
Case :- MATTERS UNDER ARTICLE 227 No. - 1104 of 2023
 
Petitioner :- Manoj Kumar Parashar And Another
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Alok Mishra,Alok Mishra
 
Counsel for Respondent :- C.S.C.,Ashok Kumar Tripathi
 

 
Hon'ble Ajit Kumar,J.

Heard Sri M.N.Shukla, learned Advocate holding brief of Sri Alok Mishra, learned counsel for the petitioner, Sri A.K.Sharma, learned Advocate holding brief of Sri Ashok Kumar Tripathi, learned counsel for the contesting respondent.

Counsel for the petitioner at the very outset submits that the petitioner is not pressing prayer "A" in this petition and only seeks direction for disposal of the miscellaneous appeal no. 487 of 1985.

Learned counsel for the contesting respondents submits that appeal is at the stage of final hearing .

Learned counsel for the contesting respondent has placed judgment of this Court passed in the Matter under Article 227 of the Constitution 2029 of 2020 as it was filed at the instance of present petitioner in which following direction was passed. The operative paragraph nos. 13 and 14 of the order are reproduced hereunder:

"13. The petition is devoid of merit is liable to be dismissed. Since the misc. appeal is pending a further direction is given to the court below to decide the aforesaid appeal in accordance with law most expeditiously and positively within a period of six months from the date of production of certified copy of this order but after after giving opportunity to the parties concerned and without granting unnecessary adjournments to either of the parties.

14. Accordingly, present petition is dismissed."

Learned counsel for the respondent further submits that against the aforesaid order, Special Leave Petition filed by the present petitioner has also come to be dismissed on 16.09.2022.

Now, since Special Leave Petition has also been dismissed and there is no issue for the appellate court in complying with the earlier order of this Court as contained in paragraphs 13 of the order and as such the petitioner has already got the order of disposal of the appeal, no further order is required for further direction to appellate authority to decide the matter of appeal. However, it is expected that the court shall abide by directions issued for disposal of appeal positively within a period of six months from the date of production of certified copy of the order.

Subject to what has been observed above, this petition is consigned to records.

Order Date :- 1.2.2023

Sanjeev