Court No. - 33 Case :- WRIT - C No. - 46237 of 2010 Petitioner :- Simar Sahani Respondent :- State Of U.P. & Others Petitioner Counsel :- Rakesh Kumar Singh Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
In respect of the sale deed dated 24.4.2006 proceedings under Section 47-A of
the Indian Stamp Act were undertaken and an order determining the market
value and the deficiency was passed on 17.3.2009. Against the said order
petitioner has preferred an appeal No. 48 of 2010 (Simar Sahani Vs. Chief
Controlling Authority Revenue/Board of Revenue) under Section 56 of the
Act which is pending before respondent no. 3. The only prayer of the
petitioner in the writ petition is for a suitable direction to the appellate
authority to decide the appeal within a time bound period.
In the case of Km. Shobha Bose Vs. Judge Small Causes 2010 (1) ADJ 531
(DB) the Division Bench held that a direction for early disposal of appeal is
in effect a direction for taking up the matter on priority basis out of turn
giving priority over old pending matters. Such a direction in a fresh or a new
matter in view of pendency of old matters can not be given especially when
the Court is not aware of the pendency of the cases before the court/authority
below. In this view of the matter it is not possible to give any positive
direction for a time bound disposal of the aforesaid appeal.
The petitioner has already moved an application before the appellate authority
on 11.1.2010 for early disposal of the appeal. Petitioner is therefore permitted
to press the said application or to move a fresh application in this regard
before the appellate authority and this Court has no hesitation to say that in
case such application is pressed or moved, the appellate authority shall
consider the same and do the needful for immediate/early disposal of the
appeal.
Order Date :- 6.8.2010
SKS