Danesh Akeel v. State of U.P. and 2 Others

Court No. - 6 Case :- WRIT - C No. - 34559 of 2023 Petitioner :- Danesh Akeel Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vishnu Swaroop Srivastava Counsel for Respondent :- C.S.C Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Vishnu Swaroop Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. With the consent of learned counsel for the parties, this writ petition is being finally disposed off at this stage without calling for a counter affidavit. The petition has been filed with the prayer to direct the respondent no.3 i.e. Commissioner, Gorakhpur Division, Gorakhpur to consider and decide the ceiling Appeal No.C202005000001335, within stipulated period. Learned counsel for the petitioner submits that the appeal, against the order dated 28/29.10.2020 has been filed, which is pending since 2020, therefore, a direction may be issued to the appellate authority i.e. respondent no.3 to decide the aforesaid appeal, as expeditiously as possible. Learned Standing Counsel has no objection to the aforesaid. No useful purpose would be served by keeping this petition pending in view of the order, which the Court proposes to pass hereunder. Considering the facts and circumstance of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed off with a direction to the appellate authority i.e. respondent no.3, Commissioner, Gorakhpur Division, Gorakhpur to decide the ceiling appeal of the petitioner, in accordance with law, after giving opportunities of hearing to the petitioner, by means of a reasoned and speaking order, as expeditiously as possible, preferably within a period of four months, from the date of production of a certified copy of this order, if there is no legal impediment. Order Date :- 16.10.2023 Rahul. High Court of Judicature at Allahabad