Court No. - 2
Case :- WRIT - C No. - 25983 of 2018 Petitioner :- Smt. Bijali Devi Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Bhagwan Dutt Pandey Counsel for Respondent :- C.S.C.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Shri Bhagwan Dutt Pandey, learned counsel for the petitioner, learned Standing Counsel for the State and perused the record.
It seems that the impugned order dated 17.5.2018, passed by Sub-Divisional Officer, Maharajganj, is required to be stayed.
Petitioner shall move a fresh appeal and this petition shall be annexed to the same. The appellate authority shall reconsider the matter afresh as it appears that the authority concerned has gone beyond the scope and has clearly not followed the orders of the appellate authority, which was passed in the appeal preferred by the petitioner.
In such view of the matter, at this stage, the petitioner is relegated to the appellate forum, which is provided under the statute.
However, the impugned order dated 17.5.2018 shall not be given effect till the appeal is decided and no third party right shall be created if the same has not created.
With these observations, the writ petition is disposed of. Order Date :- 31.7.2018 LN Tripathi