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Judgment
6 paragraphs · 325 wordsPankaj Purohit, J
This writ petition under Article 227 of the Constitution of India has been filed by petitioner seeking indulgence of this Court for a direction to the learned Commissioner (Kumaun Division), Nainital to decide Appeal No.45 of 2024-25 Ajeem Khan Vs. District Level Development Authority, pending before it, within a stipulated period as fixed by this Court.
It is the contended by learned counsel for petitioner that petitioner was aggrieved by the judgment and order dated 02.04.2025 passed by learned Joint Secretary, District Level Development Authority, Regional Office, Haldwani, in Case No. UCMS/NDA/R/0012/2025 District Level Development Authority Vs. Ajeem Khan, whereby, the property in-dispute was sealed by the said Authority vide order dated 02.04.2025. Feeling aggrieved by the said order, petitioner straightway filed writ petition before this Court, which was registered as WPMS No.1179 of 2025 Ajeem Khan Vs. State of Uttarakhand and Ors., which was dismissed with liberty to petitioner to seek appropriate remedy before appropriate forum, vide order dated 15.05.2025.
Petitioner after withdrawal of aforesaid writ petition has filed Appeal against the order dated 02.04.2025 on 21.05.2025 along with delay condonation application. The Appeal was registered as Appeal No.45 of 2024-25 Ajeem Khan Vs. District Level Development Authority, before learned Commissioner (Kumaun Mandal), Nainital, in which, according to the learned counsel for parties, delay has condoned on 04.06.2025. Now the petitioner wants to decide the said Appeal expeditiously.
Since, in Appeal only hearing is required, therefore, there is no impediment before this Court to pass an order for expeditious disposal of the Appeal. Learned counsel for petitioner has succeeded in making out a case in his favour for expeditious hearing of the aforesaid Appeal.
Accordingly, the present writ petition is allowed. Learned Commissioner (Kumaun Mandal), Nainital, is hereby directed to decide and conclude the hearing of Appeal No.45 of 2024-25 Ajeem Khan Vs. District Level Development Authority, expeditiously but not later than six weeks from today.