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SMT. SAPANA DEVI versus STATE OF U.P. AND OTHERS

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 [2007] RD-AH 3228 (26 February 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

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.

D/-26.2.2007

SCS/10107


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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