Allahabad High Court
Ranjeet Singh vs Union Of India And 4 Others on 19 March, 2021
Author: Rajiv Joshi
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 37 Case :- WRIT - C No. - 7577 of 2021 Petitioner :- Ranjeet Singh Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Udai Chandani Counsel for Respondent :- A.S.G.I. Hon'ble Rajiv Joshi,J.
Heard Sri Udai Chandani, learned counsel for the petitioner and learned A.S.G.I. By means of the present writ petition, the petitioner seeks a direction in the nature of mandamus commanding the District Judge, Shahajhanpur to decide the injunction application in RCA Appeal No. 15 of 2021 (Ranjeet Singh Vs. Cantonment Board) within a stipulated period of time.
Contention of the learned counsel for petitioner is that against the order dated 12.2.2021 passed by respondent no.4, the aforesaid appeal was filed along with stay application on 17.2.2021 under Section 9(3) of the Public Premises (Eviction of Unauthorized Occupants) Act 1971 which is pending till date. It is next contended by counsel for the petitioner that during the pendency of the appeal, if the stay is not granted, the purpose of filing the appeal would be frustrated. He further submitted that Section 9 (4) of the Public Premises (Eviction of Unauthorized Occupants Act, 1971) provides that, if any appeal is filed under the said section, should be decided expeditiously, but till date neither the stay application nor the appeal has been decided.
In the facts and circumstances of the case, direction is issued to the District Judge, Shahajhanpur to decide the stay/injunction application filed in Appeal No. 15 of 2021 (Ranjeet Singh Vs. Cantonment Board) first in accordance with law expeditiously, preferably within a period of one month from today and the appeal shall be decided within three months therefrom in accordance with law from the date of the production of a certified copy of this order.
With the above direction, the writ petition stands finally disposed of. No order as to costs.
Order Date :- 19.3.2021/Akbar