Court No. - 34
Case :- WRIT - C No. - 31288 of 2019 Petitioner :- Sanjay Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manish Dev Singh Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard learned counsel for the parties and perused the record.
2. This is thoroughly misconceived and ill advised writ petition. Admittedly, petitioner has filed Statutory Appeal No. 02188 of 2019 under Section 67 (5) of Revenue Code 2006 alongwtih stay application before Respondent No.2, Collector/District Magistrate, Jaunpur, which is still pending consideration.
3. It is well settled that any authority which has power to pass final order, also has power to pass interim order as per provisions of General Clauses Act. In the present case, no interim order has been passed by respondent no.2.
4. Writ petition under Article 226 of the Constitution of India cannot be filed only for stay order particularly when the statutory proceedings are pending before authority concerned.
5. In view of aforesaid, writ petition is not maintainable and is accordingly dismissed.
Order Date :- 27.9.2019 YK