Prabhat Kumar and Another v. State of U.P. and 3 Others

Court No. - 10 Case :- WRIT - C No. - 30269 of 2023 Petitioner :- Prabhat Kumar And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Bali Counsel for Respondent :- C.S.C. Hon'ble Kshitij Shailendra,J.

¶1Heard Sri R.K. Mishra, holding brief of Sri Ram Bali, for the petitioners and the learned Standing Counsel for the respondents no.1, 2 and 3.

¶2It is contended that a stay application filed along with statutory appeal under Section 12-D of the Societies Registration Act, 1860 is pending before the Commissioner, Azamgarh Division, Azamgarh since 21.10.2022 and, therefore, a mandamus may be issued directing the Commissioner to decide the stay application.

¶3Learned Standing Counsel submits that the Commissioner has no power to pass any interim order pending appeal, however, he does not dispute that long pendency of appeal may be prejudicial to the interest of the parties concerned.

¶4The Court has perused the memo of appeal which contains a prayer for setting aside the order dated 12.04.2022 and also to condone the delay in filing the appeal.

¶5Considering the facts and circumstances of the case, the writ petition is disposed of directing the Commissioner, Azamgarh Division, Azamgarh (respondent no.2) to consider the petitioner's application for condonation of delay in filing the appeal strictly in accordance with law and in case the delay is condoned, the Commissioner shall decide the appeal itself on or before

15.04.2024 after providing full opportunity of hearing to the petitioner and the respondent no.3.

¶6It is made clear that this Court has not applied its mind either on the delay condonation application or merits of the appeal and consideration of delay aspect as well as merits of the appeal is at the wisdom of the Commissioner concerned.

¶7The petitioner is directed to file a certified copy of this order before the Commissioner, Azamgarh Division, Azamgarh (respondent no.2) on or before 07.12.2023. Order Date :- 17.11.2023 AKShukla/- High Court of Judicature at Allahabad