Allahabad High Court
Mahesh Pratap Singh And 12 Others vs State Of U.P. And 4 Others on 11 December, 2019
Author: Vivek Kumar Birla
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- WRIT - C No. - 35113 of 2019 Petitioner :- Mahesh Pratap Singh And 12 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Suresh Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Vivek Kumar Birla,J.
At the very outset, learned counsel for the petitioners submits that the office may be directed to correct the cause title as pursuant to the earlier order of this Court now there is only one petitioner.
Accordingly, office is directed to correct the cause title by deleting the words, "And 12 Others".
Heard learned counsel for the petitioners and learned Standing Counsel appearing for the respondents.
Present writ petition has been filed seeking quashing of the order dated 26.11.2018 passed by the ADM (Finance & Revenue), Jhansi in Computerized Case No. D201806370002675/18-19, under Section 33/47 State of U.P. Vs. Mahesh Pratap Singh filed as Annexure-2 to the writ petition.
Stamp Reporter has reported laches in filing the petition.
At the very outset, learned counsel for the petitioner states that the appeal of the petitioner is still pending before the authority concerned.
In view of the same, I do not find any good ground to entertain the present writ petition.
Learned Standing Counsel pointed out that the appeal was filed by registered post and as such the same cannot be entertained and was rightly not entertained unless statutory deposit and/or any other requirement for filing appeal is fulfilled.
Accordingly, it is provided that in case statutory requirement of filing appeal is fulfilled by the petitioners within a period of three weeks from today, the appeal shall be entertained and in case record of the same is not available in spite of production of original registered post receipt, the petitioner shall be permitted to file fresh appeal by the appellate authority without raising any objection regarding limitation.
Accordingly, present writ petition stands disposed of with a direction to the appellate authority to consider and decide the appeal, in accordance with law, on its own merit, preferably within a period of two months from the date of production of a certified copy of this order only if statutory conditions including deposit etc. for filing appeal have been fulfilled.
It is made clear that the appellate authority shall apply its own mind without being influenced by any observation made in this order and shall pass orders strictly in accordance with law.
For a period of three weeks from today, no coercive action shall be taken against the petitioner.
It is made clear that in case statutory deposit is not made within a period of three weeks, the interim protection granted to the petitioner shall stand automatically vacated.
Order Date :- 11.12.2019 p.s.