Court No. - 2
Case :- WRIT - C No. - 10788 of 2018 Petitioner :- Sheetla Prasad Gupta And 4 Others Respondent :- Additional District Judge/ Special Judge Anticorruption Act) Special Court No.1 And 2 Others Counsel for Petitioner :- Rahul Sahai,Ashish Kumar Gupta Counsel for Respondent :- Vikash Chandra Tripathi
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Rahul Sahai for the petitioner and Sri Vikash Chandra Tripathi for respondents- 2 and 3.
The writ petition has been filed against the order of Additional District Judge/ Special Judge (Anti Corruption Act) dated 8.3.2018 by which the application for interim order filed in the appeal arising out of the order passed by the prescribed authority under Public Premisses Act, 1971 has been rejected.
It has been stated that the order of prescribed authority was passed on 29.3.2016. The appeal was filed on 11.7.2016 but by the impugned order, stay application has been rejected. He submits that appeal itself be decided on merit. Further argument of the counsel for the petitioner is that according to respondent, the petitioner has been in possession over the disputed land since 1980. Since it was an old possession of the petitioner thus at least till disposal of the appeal interim protection ought to have been granted.
In the facts of the case, the writ petition is disposed of with direction to the Additional District Judge to decide the appeal on merit either on the next date fixed in the appeal or if for any reason the case is adjourned on that date then within a period of three months thereafter. It is made clear that while deciding the appeal, no unnecessary adjourment will be granted to either of the parties.
For a period of three months or till disposal of the appeal, whichever is earlier, operation of the order dated 29.3.2016 shall remain stayed.
Order Date :- 23.3.2018 Rahul /-