Mohd. Ali v. State Of U.P. And 3 Ors.

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