Court No. - 5
Case :- WRIT - C No. - 11119 of 2018 Petitioner :- Smt. Kewati Devi Respondent :- Additional Commissioner And 19 Others Counsel for Petitioner :- Vijay Kumar,Sanjay Agrawal Counsel for Respondent :- C.S.C.,Rajesh Yadav
Hon'ble Pankaj Naqvi,J.
Heard Sri Sanjay Agrawal, learned counsel for the petitioner, Sri Rajesh Yadav, learned counsel for the Gaon Sabha and Sri Abhishek Shukla, the learned standing counsel.
This writ petition is preferred against the orders dated 24.1.2018 and 13.3.2018, directing the parties not to raise any construction during the pendency of the appeal.
A judgement / decree dated 20.4.2017 in a suit under Section 176 of the U.P. Z.A & L.R Act came to be passed in favour of the petitioner. Respondent no.2 filed an appeal along with delay on 26.12.2017 but without condoning delay, above interim order was passed on 24.1.2018.
Learned counsel for the petitioner submits that in the absence of condonation of delay in the appeal, an interim order dated 24.1.2018 could not have been passed and in that connection relied upon Noharlal Verma vs. District Cooperative Central Bank Limited, Jagdalpur, 2008 (14) SCC 445 and Prabhu vs. DDC, 2013 (1) ADJ 554.
There could be no dispute to the aforesaid proposition, but in the event Court issue notice to the private respondent, same would further delay the hearing of the appeal.
Considering the nature of the impugned order which only restrains the parties from raising construction, without altering the possession, the Court is of the view that ends of justice would be served if the pending delay condonation application is disposed of finally on the next date fixed, but not later than 2 months from the date of production of the certified copy of the order, subject to cooperation of the parties concerned, in accordance with law.
Ordered accordingly.
This order is not to be treated as a binding precedent. The writ petition is disposed of accordingly.
Order Date :- 28.3.2018 Chandra