Court No. - 18
Case :- WRIT - C No. - 14789 of 2018 Petitioner :- Vijai And 4 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Damodar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and Shri Rajesh Kumar, learned Standing Counsel.
In view of the order proposed to be passed, notices need not go to private respondents.
The petitioner is before this Court for a direction to second respondent i.e. Sub Divisional Magistrate, Hata, Distt. Kushinagar to extend the stay order dated 18.12.2017 till the disposal of appeal in question.
The record in question reflects that the petitioner preferred an appeal under Section 210 of U.P. Revenue Code, 2006 along with stay application. The aforesaid appeal has been entertained and the first appellate court had passed the interim order dated 18.12.2017 staying the order of the court below dated 1.7.2017 till 25.12.2017. It is contended that the matter was again listed on 25.12.2017 but on account of no sitting, stay order had not been extended. In this backdrop, the petitioner had moved stay extension application but at no point of time the same has been heard by the first appellate court and as such it is requested that the appellate authority may be directed to decide the said stay extension application expeditiously.
Considering the facts and circumstances, of the case, without expressing any opinion on the merits of the case and with the consent, the writ petition stands disposed of asking the second respondent to decide the aforesaid stay extension application expeditiously and preferably within three weeks from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned.
Order Date :- 24.4.2018 SP/