DRT to address upon factual
disputes and seek relief.
At this stage, learned counsel for the petitioner submits that DRT,
Jabalpur is not functioning.
This ... that they may approach DRAT for making over their case to
functional DRT for expeditious consideration of their prayer. We see no
reason to take
relied upon.
It is, thus, submitted that in view of the DRT,
Kolkata functioning with one Bench only and having
not come to a total ... Although the petitioners claim that the DRT is
functioning with truncated strength at present, it has
not come to a total stand-still
before the DRT
within a period of 10 days from today and in case the
concerned DRT is not functioning, then to file
application before ... four weeks from today for transferring application to
another DRT which is functional. On filing such
application, the DRT/Chairman, DRAT will take
appropriate decision
only till a regular appointment of Presiding Officer or the
DRT Jabalpur becomes functional, ends of justice would meet if the
writ petition at this ... functional.
9. It is made clear that the moment that the DRT becomes functional by
a regular appointment of a Presiding Officer, the order passed
interim application
before the DRT. Hence they have approached this Court for an interim
protection till the DRT becomes functional. The contention of the
petitioner ... finalized till the next date of hearing or till the
DRT becomes functional, whichever is earlier.
Let the respondents file their respective response within
been taken up by the DRT. It is
submitted that only the First Bench of the DRT is
functioning at present, whereas the other ... until further order of
the DRT, whichever is earlier.
The First Bench of the DRT, which is now
functioning, shall call for the records
this Court under Article 226
seeking for an interim protection till DRT becomes functional.
Learned standing counsel for respondent no.1 on the other hand ... petition only till
a regular appointment in the DRT is made and DRT, Jabalpur becomes
functional. Having heard the entire facts and circumstances
Appellate Tribunal (DRAT), Allahabad, for making over the
case to the functional DRT. This Court sees no reason to take a different
view. Accordingly ... over the pending case in
the DRT Jabalpur for hearing before functional DRT immediately.
With the aforesaid direction, the Writ Petition stands disposed
interim arrangement only on account of the non-functioning
of the DRT. The SA and the interim application filed ... petitioner before the DRT shall be taken up for consideration
as and when the said DRT becomes functional, uninfluenced
Signature Not Verified
Digitally Signed
DRT and DRATs.
3. The said order was passed in the context of the DRT and DRAT not
being functional on account of non-availability ... approached the DRT before filing of the writ petition and has
approached only on account of the DRT being not functional. Since
21.02.2022, the DRT