Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 3872 of 2018 Petitioner :- Chhatra Pal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Singh Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri R.K Mishra, learned Standing Counsel appearing for the respondents.
Present petition has been filed seeking setting aside the impugned order dated 5.5.2018 passed by the District Judge, Jalaun at Orai in Civil Appeal No. 33 of 2018 (Chhatra Pal Singh Vs. State of U.P. ) whereby the application 5Ga (2) filed by the petitioner has been rejected. A further prayer to issue a direction to stay the effect and operation of the order dated 25.4.2018 passed by respondent no. 2 during the pendency of Civil Appeal No. 33 of 2018 (Chhatra Pal Singh Vs. State of U.P.) pending before the District Judge, Jalaun at Orai has also been made.
By the impugned order dated 5.5.2018 while admitting the appeal challenging the order passed by the District Magistrate, Jalaun at Orai passed under Section 72 of the Excise Act, the stay application filed by the petitioner has been rejected.
Submission is that in case the vehicle is auctioned, the appeal itself may become infructuous.
Per-contra, learned Standing Counsel appearing for the respondents has supported the impugned order.
I have considered the rival submissions and have perused the record.
In the facts and circumstances of the case, it is provided that the court below shall decide the appeal, in accordance with law, preferably within a period of two months from the date of production of a certified copy of this order and for a period of two months or till the disposal of the appeal, whichever is earlier, the vehicle in question may not be auctioned.
The petitioner undertakes to file a certified copy of this order before the court below within a period of one week from today. In case of default the interim protection granted to the petitioner shall automatically stand vacated.
With this observation, this writ petition stands disposed of. No order as to costs.
Order Date :- 28.5.2018 p.s.