High Court of Judicature at Allahabad
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Smt. Sapana Devi v. State Of U.P. And Others - WRIT - C No. 10107 of 2007  RD-AH 3228 (26 February 2007)
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioner.
By this writ petition the petitioner has prayed for quashing the order dated 27.1.2007 passed by the Commissioner. By order dated 27.1.2007 the Commissioner has condoned the delay in filing the appeal and entertained the appeal. Notice has also been issued to the respondents and the records have been summoned. However, the application for interim relief was rejected. The Commissioner had also fixed the appeal for hearing on 8.2.2007. The impugned order is interlocutory order by which delay in filing the appeal was condoned. The appeal having been filed with delay which having been condoned by the Commissioner, it was for the appellate authority to exercise its discretion as to whether the case for interim order is made out or not. No error can be said to have been committed by the Commissioner in rejecting the said application. The appeal has however, been fixed for hearing.
In the facts of the present case I do not find any error in the impugned order rejecting the stay application. The petitioner's appeal which has already been fixed for final hearing, be disposed of expeditiously by the appellate authority preferably within a period of four months. However, till the final order is passed , the allotment of the shop, if not already allotted to any other person, shall not be allotted.
The writ petition is disposed of.
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