Allahabad High Court
VINOD KUMAR PANDEYversusEXECUTIVE ENGINEERUP STATE ELECTRICITY BOARD AND 8 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The writ petition is disposed of with a direction to the Motor Accident Claim Tribunal to decide the restoration application and execute the earlier court order expeditiously.
Summary
The petitioner, Vinod Kumar Pandey, filed a writ petition seeking a direction to the Motor Accident Claim Tribunal, Varanasi, to decide his restoration application dated 13.01.2025 and to execute an earlier order of this Court dated 27.05.2019. The petition was filed in the backdrop of a pending miscellaneous case (Misc. Case No. 10 of 2025) before the Tribunal. The Court observed that keeping the writ petition pending would serve no useful purpose while the substantive matter was already before the Tribunal. Consequently, the Court disposed of the writ petition, directing the Tribunal to decide the restoration application and implement the 2019 order without unnecessary adjournments. The order was passed on 7 May 2026 by Justice Vikas Budhwar.
Issues considered
- Whether the writ petition seeking a direction to the Motor Accident Claim Tribunal should be kept pending given the existence of a pending restoration application before the Tribunal.
Subjects
- writ petition
- Motor Accident Claim Tribunal
- restoration application
- execution of court order
- procedural disposal
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 16606 of 2026
Vinod Kumar Pandey
.....Petitioner(s)
Versus
Executive Engineerup State Electricity Board And 8
Others .....Respondent(s)
Counsel for Petitioner(s) : Vinod Kr Pandey
Counsel for Respondent(s) : C.S.C., Udit Chandra
Court No. - 5
HON'BLE VIKAS BUDHWAR, J.
1. Heard.
2. In view of the order, which is being proposed to be passed today, notices
are not being issued to the respondents.
3. The solitary relief claimed in the present writ petition for a writ, order or
direction to the learned Motor Accident Claim Tribunal, Varanasi to decide
the restoration application dated 13.01.2025 filed by petitioner being Misc.
Case No. 10 of 2025 (Vinod Kumar Pandey Vs. Executive Engineer
U.P.S.E.B. Varanasi and others) pending before him and execute the order
dated 27.05.2019 passed by this Hon'ble Court in First Appeal From Order
No. 958 of 2019 arising out of order dated 26.09.2002 passed by him in
M.A.C.P. No. 67 of 1996, pending before it within stipulated time, as may
deem fit and proper by this Hon'ble Court.
4. Learned counsel prayed that the said suit may be decided, expeditiously.
5. Since the above-mentioned case is pending, no useful purpose would be
served in keeping this petition pending.
6. In view of the above, this writ petition stands disposed of with a direction
to the learned Motor Accident Claim Tribunal, Varanasi to decide the
restoration application dated 13.01.2025 filed by petitioner being Misc. Case
No. 10 of 2025 (Vinod Kumar Pandey Vs. Executive Engineer U.P.S.E.B.
Varanasi and others) pending before him and execute the order dated
27.05.2019 passed by this Hon'ble Court in First Appeal From Order No.
958 of 2019 arising out of order dated 26.09.2002 passed by him in
WRIC No. 16606 of 2026
2
M.A.C.P. No. 67 of 1996, in accordance with law, expeditiously, without
granting unnecessary adjournments subject to legal impediment.
May 7, 2026
Ashu
(Vikas Budhwar,J.)
Digitally signed by :-
ASHUTOSH KUMAR PRAJAPATI
High Court of Judicature at Allahabad
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