Court No. - 18
Case :- WRIT - C No. - 20103 of 2021 Petitioner :- Virendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mahendra Tripathi Counsel for Respondent :- C.S.C.,Avinash Chandra Srivastava
Hon'ble Ajay Bhanot,J.
Heard Sri Mahendra Tripathi, learned counsel for the petitioner, Ms. Divya Ojha, learned counsel holding brief of Sri Avinash Chandra Srivastava, learned counsel for respondent No.4 and learned Standing Counsel.
The only prayer made by Sri Mahendera Tripathi, learned counsel for the petitioner is that the delay condonation application accompanying the memo of revision be decided within a stipulated period of time since the petitioner faces imminent threat of eviction.
Ms. Divya Ojha, learned counsel holding brief of Sri Avinash Chandra Srivastava, learned counsel for respondent No. 4 and learned Standing Counsel submit that the court below is under an obligation to decide the application in a reasonable time.
The inordinate delay in deciding the revision and the delay condonation application shall cause miscarriage of justice.
In the wake of preceding discussions, no useful purpose will be served by keeping this writ petition pending. With the consent of parties, the writ petition is being disposed of finally.
The matter is remitted to respondent No. 2/ Collector, Agra.
A writ in the nature of mandamus is issued commanding the respondent No. 2/ Collector, Agra to execute the following directions:
(1) The respondent No. 2/ Collector, Agra shall decide the delay condonation application filed by the petitioner within a period of ten days from the date of receipt of copy of this order downloaded from the official website of the High Court of Judicature at Allahabad along with fresh copy of representation. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(2) It is open to the petitioner to file an application for interim relief before the respondent No. 2/ Collector, Agra in case such application is filed within a period of ten days. The respondent No. 2/ Collector, Agra shall decide the application for interim relief promptly. The respondent No. 2/ Collector, Agra ensure that the remedy of revision does not became illusory because of any delay in deciding the application for interim relief.
It is clarified that this Court has not considered the controversy on merits. The same shall be decided by the respondent No. 2/ Collector, Agra upon independent application of mind and in accordance with law.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 20.9.2021 Nadeem