Court No. - 21
Case :- WRIT - C No. - 30301 of 2019 Petitioner :- M/S Vatsya Infrastructure Pvt. Ltd.
Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Adarsh Bhushan,Raghav Dev Garg Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Piyush Agrawal,J.
The grievance of the petitioner is that it has filed a statutory appeal, which is pending before the appellate authority. The petitioner seeks a direction from this Court to the said authority to decide its appeal expeditiously.
Our attention has been drawn to an order passed by a Division Bench of this Court in M/s Sharad Enterprises Vs. State of U.P. & 3 Others (Writ - C No. 13432 of 2019, decided on 18.04.2019); wherein, in similar facts and circumstances of the case, the Court has passed the following order:-
"Accordingly, the writ petition is disposed of with liberty to the petitioner to move appropriate application in the appeal along with a certified copy of this order within two weeks from the date of receipt of a certified copy of this order. In the event any such application is moved, we hope and trust that the appellate authority shall dispose of the same in accordance with law within two months thereafter. Till the application of the petitioner is decided, no coercive action shall be taken by the authorities."
The Supreme Court in the case of Mool Chand Yadav and another v. Raza Buland Sugar Company Limited, Rampur and others, (1982) 3 SCC 484, has observed thus:-
"4. .......Now, if the order is not suspended in order to avoid any action in contempt pending the appeal, Mool Chand Yadav would have to vacate the room and hand over the possession to the respondents in obedience to the Court's order. We are in full agreement with Mr. Manoj Swarup, learned Advocate for respondents, that the Court's order cannot be flouted and even a covert disrespect to Court's order cannot be tolerated. But if orders are challenged and the appeals are pending, one cannot permit a swinging pendulum continuously taking place during the pendency of the appeal. Mr. Manoj Swarup may be wholly right in submitting that there is intentional flouting of the Court's order. We are not interdicting that finding. But judicial approach requires that during the pendency of the appeal the operation of an order having serious civil consequences must be suspended. More so when appeal is admitted."
Learned standing counsel does not dispute the said fact.
Accordingly, the writ petition is disposed of by issuing a direction upon the respondent-authority to decide the appeal, expeditiously, and in case the petitioner has moved any application for interim protection, the same may be considered.
Till the application of the petitioner is decided, no coercive action shall be taken by the authorities.
Order Date :- 26.9.2019/Amit Mishra