Court No. - 30
Case :- WRIT - C No. - 38413 of 2018 Petitioner :- Rajwati Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri Shashi Kant Upadhyaya, learned Standing Counsel appearing for the respondents.
Present writ petition has been filed seeking quashing of the stamp recovery certificate dated 14.9.2018 issued by the respondent no. 4 against the petitioner during the pendency of appeal pending in the Court of respondent no. 2. A further prayer in the nature of mandamus directing the respondent no. 2 to decide Appeal No. 01151 of 2018, Rajwati Vs. State of U.P. dated 1.5.2018 pending in the Court of respondent no. 2 within a stipulated period specified by this Court has also been made.
Admittedly, the petitioner has not deposit 1/3rd amount while filing appeal for the purpose of entertaining the application for interim relief, as such, I am not inclined to entertain the present writ petition.
This writ petition is, accordingly, dismissed.
At this stage, learned counsel for the petitioner submits that the petitioner may be granted some time to deposit the requisite amount before the appellate court in accordance with law and prays for a month's time to do so.
In case the petitioner deposits the requisite amount for the purpose of consideration of his application for interim relief, the same shall be considered and decided, in accordance with law, preferably within one month from the date of production of a certified copy of this order before the respondent authority and thereafter the appeal itself may be decided expeditiously.
For a period of one month from today, recovery proceedings against the petitioner shall remain stayed.
No costs.
Order Date :- 28.11.2018 p.s.