Rajesh Kumar Choudhary v. State of U.P. and 2 Others

Court No. - 6 Case :- WRIT - C No. - 29457 of 2023 Petitioner :- Rajesh Kumar Choudhary Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vivek Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J.

¶1Heard learned counsel for the petitioner and learned Standing Counsel for the State.

¶2This writ petition has been filed with the prayer to direct respondent No. 2 to decide the stay application dated 19.1.2023 moved in Appeal No. C202314000000150 according to the provision of the Section 259(1), U.P. Panchayat Raj Rules, 1947.

¶3Learned counsel for the petitioner submits that an appeal alongwith stay application has been filed against Surcharge under Section 27 of the U.P. Panchayat Raj Act, 1947 which is pending decision. The direction may be issued to respondent No. 2 to decide the said application in accordance with provisions of section 258(1) of U.P. Panchayat Raj Rules, 1947.

¶4On the other hand, learned Standing Counsel submits that no such direction is required in view of the provision of Rule 258(1) of the U.P. Panchayat Raj Rules, 1947 however, direction may be issued to decide the stay application.

¶5No useful purpose would be served by keeping the petition pending in view of the order, which the Court proposes to pass.

¶6Considering the facts and circumstances of the case, without entering into the merits of the case, this writ petition is disposed of with a direction to the respondent No. 2 (Commissioner, Varanasi Division, Varanasi) to decide the petitioner's stay application in accordance with law, expeditiously, preferably, within a period of one month from the date of production of a certified copy of this order, if there is no legal impediment. Order Date :- 18.10.2023 SY High Court of Judicature at Allahabad