M/S New Mirzapur Sand And Stone Supplier ... vs State Of Up And 4 Others
2024 Latest Caselaw 19333 ALL

Allahabad High Court

M/S New Mirzapur Sand And Stone Supplier ... vs State Of Up And 4 Others on 27 May, 2024

Bench: Anjani Kumar Mishra, Jayant Banerji

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:95765-DB
 
Court No. - 3
 

 
Case :- WRIT - C No. - 18161 of 2024
 

 
Petitioner :- M/S New Mirzapur Sand And Stone Supplier And Another
 
Respondent :- State Of Up And 4 Others
 
Counsel for Petitioner :- Kumar Shivam,Sr. Advocate
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Anjani Kumar Mishra,J.
 

Hon'ble Jayant Banerji,J.

1. Heard Shri H.N. Singh, learned Senior Advocate, for the petitioner and learned Standing Counsel for the State-respondents.

2. The petitioner has challenged by means of this writ petition the order dated 30.5.2020 passed by the District Magistrate, Hamirpur and the order dated 12.1.2024 passed by the Commissioner, Chitrakoot Dham.

3. The submission of Shri H.N. Singh is that earlier in time against the order of the District Magistrate, an appeal had been filed by the petitioner which was dismissed by the appellate authority on 30.4.2022. Against the said appellate order petitioner preferred a writ being Writ-C No. 14665 of 2022. This writ petition was allowed vide order dated 1.6.2022 and the matter was remitted to the Appellate Authority for deciding the appeal afresh, in the light of the observations made in the body of the judgment itself. After the order of remand, no notice was received by the petitioner. The petitioner approached the respondents who directed the petitioner to submit a fresh appeal. A fresh memo of appeal filed by the petitioner, copy of which has been annexed as Annexure No. 13 to the writ petition.

4. It is also submitted that there was no need to file a fresh memo of appeal but the same was filed on the directions of the respondents. This appeal instead of being decided on merits and in the light of the order of remand passed in Writ-C No. 14665 of 2022, has been dismissed on the ground of delay.

5. Learned Standing Counsel despite strenuous submissions has not been able to justify this approach of the respondents.

6. Once the writ Court had remanded the matter for a fresh decision on the appeal earlier filed by the petitioner, neither was the petitioner required to submit a fresh memo of appeal nor the same even if filed would have been dismissed on the ground of delay.

7. Under the circumstances, the impugned order is in the teeth of the directions contained in the remand order passed by this Court and therefore, unsustainable.

8. Accordingly, we allow the writ petition and set aside the appellate order dated 12.1.2024 passed by the Commissioner and remand the matter to him to pass a fresh order in light of the directions contained in the judgment of this Court dated 1.6.2022 within a period of two months from the date a certified copy of this order is filed before him.

Order Date :- 27.5.2024

A. V. Singh