Court No. - 2
Case :- WRIT - C No. - 25480 of 2018 Petitioner :- Jai Pal Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Upendra Upadhyay Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Dr. Kaushal Jayendra Thaker,J.
In view of the order dated 19.7.2018, passed in Writ-C No. 24348 of 2018 (Munni Devi vs. State of U.P. and 4 others), learned counsel for the petitioner, appeal can be confirmed.
The petitioner has felt aggrieved by the order dated 7.6.2018, passed by respondent No.4.
Petitioner is well within time to file an appeal as an alternative remedy.
Learned counsel for the petitioner apprehends that the appellate authority may not have jurisdiction to decide his grievance however, the same is ill founded.
If, the petitioner approaches the authority concerned within the stipulated time and or beyond with delay condonation application, the authority concerned shall consider the matter on merits. Grounds taken here shall form part of appeal and this petition shall be annexed with the memo of appeal by the petitioner.
The authority shall give expeditious hearing to the petitioner and also decide the stay application on or before 31st August, 2018, in the light of the judgment of the Division Bench of this Court.
Till then, as it appears that the order passed against the petitioner is high handed, the same shall not be operated for two months from today, till the stay application is decided by the appellate authority.
With these observations, the writ petition is disposed of. Order Date :- 27.7.2018 LN Tripathi