Court No. - 19
Case :- WRIT - C No. - 13979 of 2015
Petitioner :- Mohd. Ali
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Satyendra Narayan Singh,Awadhesh Kumar Yadav
Counsel for Respondent :- C.S.C.
Hon'ble Shri Narayan Shukla,J.
The petitioner has assailed the orders dated 10.12.2014 and
03.01.2015 passed by the appellate authority.
At this stage it is stated by learned counsel for the petitioner that it
would be suffice to issue direction to the appellate authority to
dispose of his appeal expeditiously. He further apprehends that
during the pendency of the appeal the respondents may proceed to
allot the shop which may frustrate the purpose of filing of appeal.
The right of the subsequent allottee during the pendency of appeal
has already been determined by the Division Bench of this Court
in Writ Petition No. 12229 (MB) of 2010 Smt. Kanti Devi Vs.
State of U.P. and others. In the terms of order passed by the
Division Bench, I reiterate that the right of the subsequent allottee
or the allottee, if any, is made during the pendency of the appeal
shall always remain subject to decision of Appeal.
With the aforesaid observation the writ petition stands disposed of
finally and the appellate authority is directed to decide the
petitioner's appeal after providing opportunity of hearing to the
parties concerned.
Order Date :- 19.3.2015
A. K. Singh
(Shri Narayan Shukla, J)
Neutral Citation No. - 2015:AHC:34975