Virendra Singh Negi v. The State of UP and 5 Others

Chief Justice's Court Case :- WRIT - C No. - 34725 of 2023 Petitioner :- Virendra Singh Negi Respondent :- The State Of Up And 5 Others Counsel for Petitioner :- Ashok Kumar Pandey Counsel for Respondent :- C.S.C.,Ravi Prakash Pandey,Satendra Tirpathi Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J.

¶1Heard Sri Ashok Kumar Pandey, learned counsel for the petitioner, learned standing counsel for the State-respondents and Sri Ravi Prakash Pandey, learned counsel for respondent nos. 2 and 3.

¶2Petitioner had earlier approached this Court by means of writ petition being Writ C No. 8639 of 2023 (Virendra Singh Negi Vs. Ghaziabad Development Authority and Others), which was disposed of vide order dated 23.03.2023 directing the petitioner to file statutory appeal before the concerned authority. After the order of this Court, the petitioner preferred an appeal before the Commissioner. The appeal preferred by the petitioner has been dismissed by the Commissioner vide order impugned dated

19.05.2023 in a mechanical manner stating therein that the relevant provisions of the law and Government Orders have not been quoted.

¶3Learned counsel for the petitioner submits that the order impugned is bad in the eye of law and does not disclose any application of mind and even assuming there was some lacunae on the part of the petitioner to mention the provisions of the law, the Authority was obliged to decide the appeal on merits.

¶4Learned State counsel submits that after quashing the order impugned, the matter be remitted back to the authority to decide the case on its own merits considering all the aspects of the case.

¶5We have heard learned counsel for the parties and perused the order impugned.

¶6The order impugned does not show any application of mind and appears to have been passed on misconceived facts. Even assuming that certain provisions of law have not been mentioned, that does not authorize the appellate authority to decide the appeal solely on the ground that the appeal is not maintainable.

¶7The order impugned dated 19.05.2023 is bad in the eye of law and the same is quashed.

¶8The writ petition is allowed.

¶9The appellate authority is directed to decide the appeal afresh on its own merits ignoring the technicalities by a detailed and speaking order in accordance with law.

¶10It is also made clear that the appellate authority shall not draw any adverse inference from this order and shall pass the order strictly in accordance with law. Order Date :- 1.11.2023 SK (Ashutosh Srivastava,J.) (Pritinker Diwaker,CJ.) High Court of Judicature at Allahabad