Case Law Details
Gurdeep Singh Vs Nagar Ayukt Nagar Nigam Moti Jheel And Another (Allahabad High Court)
In a landmark decision that underscores the importance of efficiency and timeliness in the judiciary, the Allahabad High Court recently addressed a critical issue facing many appellants in statutory appeals. The case in point, Gurdeep Singh Vs Nagar Ayukt Nagar Nigam Moti Jheel And Another, brings to light the often-overlooked aspect of legal proceedings – the prompt decision-making on stay applications.
The petitioner, Gurdeep Singh, expressed grievance over the prolonged delay in the adjudication of his appeal no. 2 of 2019 (Sardool Singh (since deceased) and another Vs. Nagar Ayukt Kanpur Nagar), which has been pending for more than four years. Adding to the petitioner’s woes, a stay application filed on January 24, 2024, awaited a directive, only to be postponed to a later date. This delay not only hampers the appellate process but also, as the petitioner rightfully argued, defeats the very purpose of filing an appeal.
The crux of the matter lies in the necessity for the judiciary to ensure that when statutory appeals are filed – especially after the appellants have complied with the pre-deposit condition – it is imperative for the courts to issue orders on the stay applications within a reasonable timeframe. The practice of issuing routine orders to postpone the hearing of stay applications does little to serve the cause of justice and, in many instances, can lead to unjust hardship for the appellants.
Understanding the gravity of the situation and in a bid to expedite the legal process, the Allahabad High Court took a decisive stance. The Court opined that given the already significant delay in the hearing of both the appeal and the stay application, no constructive purpose would be served by further prolonging the writ petition or by soliciting a counter affidavit at this stage.
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