Court No. - 30
Case :- WRIT - C No. - 42338 of 2018 Petitioner :- Manisha Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sunil Kumar Mehta Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri B. P. Singh, learned Standing Counsel appearing for the State respondents.
Present petition has been filed for quashing the order 30.10.2018 passed by the respondent no. 6 to the extent rejecting the stay application of the petitioner against the order dated 4.6.2018.
By the impugned order while entertaining the appeal filed under Rule 258 of the Rules framed under the U.P. Panchayat Raj Act, 1947 while admitting the appeal the application for interim relief has been rejected.
Submission is that Rule 259(1) proviso of the Rules clearly provides that during pendency of the appeal proceedings of recovery of surcharge from the persons, who have preferred the appeal shall be stayed until the appeal has been finally decided.
Per contra, learned Standing Counsel could not dispute the correctness of the same.
Accordingly, no fruitful purpose would be served by keeping this petition pending or calling for any counter affidavit as purely legal question is involved.
In view of the proviso to sub Rule 259 of the U.P. Panchayat Raj Act, 1947 the impugned order dated 30.10.2018 is not sustainable in the eyes of law and is hereby quashed.
It is provided that during pendency of the appeal protection of interim relief is extended to the petitioner. It is further provided that the appellate court may decide the appeal itself preferably within a period of three months from the date of production of a certified copy of this order.
With the aforesaid observations, present petition stands allowed.
Order Date :- 19.12.2018 Lalit Shukla