Allahabad High Court
Shaheen Zamal Zaidi @ Shaheen ... vs State Of U.P. Thru. The Prin. Secy. ... on 19 May, 2022
Author: Jaspreet Singh
Bench: Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 20 Case :- WRIT - C No. - 2869 of 2022 Petitioner :- Shaheen Zamal Zaidi @ Shaheen Jaidi,Prabandhak,Ambar Seva Sansthan, Lucknow Respondent :- State Of U.P. Thru. The Prin. Secy. Revenue, Lko. And Others Counsel for Petitioner :- Sukhveer Singh Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioner. Notice on behalf of the respondents no.1 and 2 has been accepted by the office of the Chief Standing Counsel.
The petitioner by means of the instant petition prays for the following reliefs which reads as under:-
"(i) To issue a writ in the nature of Certiorai for quashing the order dated 02.05.2022 under Section 35(2) Uttar Pradesh Revenue Code-2006, passed by the opposite party no.2 on stay application in Appeal Computer No.T202204230702082 "Talat Khatoon Vs. Shaheen Zaidi" pending before the opposite party no.2.
(ii) To issue a writ in the nature of mandamus commanding the opposite party no.2 to decide the Appeal Computer No.T202204230702082 "Talat Khatoon Vs. Shaheen Zaidi" expeditiously within stipulated period in favour of petitioner in accordance with law."
Submission of the learned counsel for the petitioner is that the private respondent no.3 has preferred an appeal and a certified copy of the memo of appeal has been brought on record as annexure no.1.
It is submitted that at page no.31 of the paper book, an order has been transcribed in hand writing by the Presiding Officer dated 02.05.2022 wherein the appeal has been registered, notices have been issued to the parties concerned fixing 03.06.2022 whereas at page no.29 which is the copy of the application for interim relief on the said application the order has been passed by the Presiding Officer of the same day but which is typed and not in hand writing.
Submission of the learned counsel for the petitioner is that this is not in accordance with the procedure prescribed in the Revenue Code Mannual. It has further been submitted that the order was received by the private respondent only on 02.05.2022 and such the appeal could not be filed in such a case and on the same day the same Presiding Officer has passed one order in hand writing and the other in typed which is legally not permissible as no reason has been recorded while passing the order.
Having considered the aforesaid submissions, the Court finds that apparently one of the orders which is in hand writing is on the memo of appeal whereas the other order is on the application for interim relief. The matter is already fixed before the Authority concerned on 03.06.2022. In case if the petitioner has any grievance, he has always the option of approaching the court concerned and seeking the vacation of interim relief and raise his grievance before the court concerned.
This Court is not inclined to interfere and entertain the petition at this stage. Consequently, the petition is dismissed with liberty to the petitioner to move an appropriate application and if such an application is moved, the same shall be considered on its own merits.
With the aforesaid, the petition is dismissed.
Order Date :- 19.5.2022 ank