Chaudhary Charan Singh University v. State of U.P. and 4 Others

Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 10163 of 2023 Petitioner :- Chaudhary Charan Singh University Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Avneesh Tripathi Counsel for Respondent :- C.S.C.,Pankaj Srivastava Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the petitioner/petitioners and perused the record.

¶2In view of the order proposed to be passed herein, no useful purpose would be served by putting the opposite party to notice and keeping this petition pending before this Court. However, in case the opposite party feels aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved.

¶3The basic relief sought by the petitioner/petitioners in the present petition under Article 227 of the Constitution of India is to direct the court below to decide the injunction application filed in Tax Appeal No.46 of 2023 expeditiously.

¶4It is argued by learned counsel for the petitioner that an appeal being Tax Appeal No.46 of 2023 is pending before court below i.e. Judge Small Causes, Meerut from last several months. It is further argued that along with the aforesaid appeal, stay application has also been filed. The matter is extremely urgent.

¶5This fact regarding pendency of the appeal is duly admitted by Sri Pankaj Srivastava, learned counsel for respondent nos. 2 to 4.

¶6In this view of the matter, this Court is of the opinion that the court below before whom the aforesaid appeal is pending is directed to decide the same expeditiously and positively within a period of two months from today, insofar as the stay application is also concerned. The court below is further directed to pass appropriate orders to the stay application filed in Tax Appeal No.46 of 2023 on the next date fixed in the matter. On account of any reason, if no orders have been passed, the court below shall decide the same within ten days thereafter.

¶7With the aforesaid, the present petition is disposed of. Order Date :- 4.12.2023 S.K. High Court of Judicature at Allahabad