Court No. - 10
Case :- WRIT - C No. - 6826 of 2019 Petitioner :- Azmat Respondent :- State Of U P And Another Counsel for Petitioner :- Brijesh Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri B.K.Pandey, learned counsel for the petitioner and Sri Siddharth Singh, learned Additional Chief Standing Counsel for the State-respondent.
Petitioner is before this Court assailing the notice dated 11.2.2019 issued by the second respondent whereby the petitioner is being asked to submit his response under what circumstances in case the statutory appeal u/s 28 of Control Order 2004, was pending consideration then simultaneously the petitioner has approached to the Hon'ble High Court by preferring Writ C No. 26239 of 2018 (Azmat Vs. State of U.P. and Another) and mislead the Hon'ble Court.
In the facts and circumstances, this Court is of the considered opinion once the aforesaid writ petition was disposed of by this Court vide order dated 30.11.2018 asking the appellate authority to decide the appeal filed by the petitioner within three months time and admittedly, the appeal in question is pending consideration, in such situation, there is no reason or occasion to issue such notice. At this stage, the aforesaid notice would go against the claim set up by the petitioner in the appeal and as such, the notice dated 11.2.2019 is hereby set aside. However, it is clarified that the appeal in question may be decided on its own merit in compliance of the direction issued by this Court on 30.11.2018 in the aforementioned writ petition.
With the aforesaid, the writ petition stands disposed of. Order Date :- 26.2.2019 A.K.Srivastava