Court No. - 9
Case :- WRIT - C No. - 14661 of 2019 Petitioner :- Ram Jatan Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Aman Arya,Jeetendra Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner.
The writ petition has been filed challenging the order dated 04.04.2019 passed by the Commissioner, Vindhyachal Region, Mirzapur on an appeal filed before him by the contesting respondent. The appeal is directed against an order under Section 24 of the U.P. Revenue Code, 2006 passed in favour of the petitioner.
By this impugned order, the appeal has been admitted and the parties have been directed to maintain status quo on the spot.
The appeal filed is a statutory right available to the opposite party which statutory right has been invoked. The court concerned has admitted the appeal for hearing, summoned the lower court record and directed the parties to maintain status quo during the pendency of the appeal.
An order of admission of a case is within the discretion of the court dealing with the matter. In case the petitioner is serious he should contest the appeal, which has been entertained.
Without filing any objection and or application for vacating the interim order, the petitioner has rushed to this court. This approach in my considered opinion, is sheer abuse of the process of the court and an attempt to curtail the opposite parties right to avail a statutory remedies.
The writ petition is entirely misconceived and is liable to be dismissed with cost.
The writ petition is however dismissed without imposing any cost in the hope that the petitioner shall be more careful in future and not file frivolous writ petitions.
Order Date :- 30.4.2019 Mayank