THAKUR PRASAD AND OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF REVENUE, LKO. AND OTHERS
A227/612/2025 · 2025-02-07
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121793 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121793 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8005 Court No. - 8 Case :- MATTERS UNDER ARTICLE 227 No. - 612 of 2025 Petitioner :- Thakur Prasad And Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Revenue, Lko. And Others Counsel for Petitioner :- Bipin Kumar Tiwari Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioners. Notice on behalf of respondent nos.1 and 2 has been accepted by the office of Chief Standing counsel. The grievance of the petitioners is that they have preferred an appeal which is engaging the attention of the respondent no.2. However, on each and every date the hearing could not take place on account of resolution passed by the members of Bar. As a consequence, the application for interim relief accompanying the appeal has also been deferred. In paragraphs-21 and 22, it has been stated by the petitioners that they do appear before the court concerned but they are not heard in view of the resolution passed by the members of Bar. In the aforesaid circumstances, it is urged that some expedite
order be passed including a direction that in case, if the petitioners appear that they should be heard. Having considered the aforesaid submissions and from a perusal of the extract of the order sheet which are brought on record as Annexure-9, it indicates that a matter is engaging the attention of the respondent no.2, both on admission as well as on the application for interim relief but there are repeated Resolutions of the members of Bar abstaining from work. Considering the aforesaid circumstances, that the appeal is pending before respondent no.2, this Court, at this stage, is of the opinion that ends of justice can be made by directing the respondent no.2 to consider and decide the issue of maintainability of appeal as well as the application for interim relief moved by the petitioners on the next date fixed in case if the same is not possible then within a period of two weeks thereafter. It is also directed that the petitioners shall file their undertaking
that they shall appear on the date fixed and in case if the members of Bar are abstaining from work then they shall advance their submissions and the respondent no.2 in such situation will hear the petitioners to agree to appear in person and pass necessary order. It is made clear that the Court has not examine the case of either of the parties on merit and the court concerned shall decide the issue strictly in accordance with law. With the aforesaid, the petition is disposed of.
Order Date :- 7.2.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench