Allahabad High Court
Up Power Transmission Corporation Ltd. vs Sarjoo Devi And 9 Others on 26 March, 2021
Author: Yashwant Varma
Bench: Yashwant Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- MATTERS UNDER ARTICLE 227 No. - 4089 of 2020 Petitioner :- Up Power Transmission Corporation Ltd. Respondent :- Sarjoo Devi And 9 Others Counsel for Petitioner :- Rajesh Kumar Srivastava Counsel for Respondent :- Lal Mani Singh Hon'ble Yashwant Varma,J.
Heard learned counsel for parties.
This petition preferred by a State utility is thoroughly misconceived. The prayer as made in this petition under Article 227 of the Constitution reads thus:
"(I) Issue order or direction by setting aside the entire proceeding of Execution Case No.2/2015 & 3/2016 in Case 308/70 of 1993 Sarjoo Devi Vs. State of U.P. and others pending before the Additional District Judge VIII Kanpur."
The award which forms subject matter of the execution proceedings forms subject matter of First Appeal No. 1060 of 1995. In the aforesaid appeal the execution of the award was stayed subject to certain conditions imposed on the petitioner. That appeal was dismissed for want of prosecution. In light of the aforesaid, execution proceedings came to be instituted in the meanwhile.
It is not disputed before this Court that the order dismissing the appeal has been recalled on 9 March 2020 and the appeal restored. In view of the aforesaid, it is manifest that the pendency of the First Appeal was a fact which could have been duly informed to the concerned Court before which the execution case is pending. There was no justification for the filing of the instant writ petition. In any case the relief as framed is wholly misconceived.
The writ petition consequently fails and dismissed with costs quantified at Rs.5,000/-.
Order Date :- 26.3.2021/Arun K. Singh (Yashwant Varma, J.)