Allahabad High Court
Smt. Radha Devi (Anuradha Gupta) vs Addl. Commissioner Judicial ... on 19 September, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:60009
Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 4602 of 2023
Petitioner :- Smt. Radha Devi (Anuradha Gupta)
Respondent :- Addl. Commissioner Judicial Second Lko. Division Lko. And 5 Others
Counsel for Petitioner :- Manzar Ali Khan,Akbar Ali Khan
Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey
Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for State-respondent and Shri Dilip Kumar Pandey, learned counsel for respondent no.2-Gram Panchayat.
2. In view of order proposed to be passed, issuance of notice to the private-respondent(s) is hereby dispensed with.
3. The petition has been filed with the following prayer:
"Wherefore, it is most respectfully prayed that the Hon'ble Court may very graciously be pleased to direct the learned opposite party no.1 to consider and pass appropriate order upon pending application for interim relief/stay dated 10.05.2023 filed by petitioner with pending appeal No.1135/2023 (Computerized Case No.C202310000001135), as contained in annexure no.1 to the petition expeditiously, in a time bound manner."
4. Submission of learned counsel for the petitioner is that the appeal prefered by the petitioner challenging the order dated 20.06.2018 and 01.09.2022 passed by Assistant Collector/Pargana Adhikari, Tehsil Sandil, District- Hardoi in the case No. RST/455/2013-2014 (Computerized Case No. T20161033041879) under Section 41 of Land Revenue Act, 1901, the appellate authority admitted the appeal vide order dated 05.06.2023. However, he has not protected the interest of the petitioner by providing interim protection though, as per law, if appeal is admitted, the interim protection should be granted. In this regard, reference has been made to the judgment of the Apex Court passed in the case of Moolchand Yadav & Another v. Raza Buland Sugar Co. Ltd., Rampur and others, reported in (1982) 3 SCC 484.
5. It has also been stated that that the authority who can pass the final order can also pass interim order. Reference has been made, in this regard, to the judgment passed by the Division Bench of this Court in the case of Vinod Kumar Bhalotia vs. State of U.P. reported in 2000 (18) LCD 532.
6. Considering the aforesaid, without entering into the merits of the case, the writ petition is disposed of with a direction to respondent No.1-Addl. Commissioner Judicial Second Lucknow Division Lucknow to decide the application preferred by the petitioner seeking interim protection, most expeditiously, after affording full opportunity of hearing to the parties, but without granting any adjournment to either of the parties preferably within a period of two months from the next date fixed in the appeal which, as per learned counsel for the petitioner, is fixed on 06.10.2023. It is further provided that if there is no legal impediment, the same shall be considered on the next date fixed.
7. 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.
8. With the aforesaid, the petition is disposed of.
Order Date :- 19.9.2023
Mohit Singh/-
