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Allahabad High Court

GIRJA SHANKAR YADAVversusSTATE OF U.P. AND 7 OTHERS

Decided

Holding

The petition is disposed of with directions to the respondents to expedite the pending appeal and decide any stay application within eight weeks, and the appeal within four months.

Summary

The petitioner, Girja Shankar Yadav, filed a writ petition seeking relief while an appeal under the Control Order, 2016 was pending before the court. The petition included a second prayer for the court to direct the respondents to expedite the pending appeal and to set a timeline for any stay application. The High Court observed that the appeal was still pending and disposed of the second prayer, directing the respondents to expedite the appeal. The court further ordered that any application for a stay be decided within eight weeks from the date of the order and that the appeal itself be decided within four months thereafter. No substantive merits of the appeal were addressed; the order dealt solely with procedural directions. The petition was consequently disposed of with these directions.

Issues considered

  • Whether the court can direct the respondents to expedite a pending appeal under the Control Order, 2016 and prescribe timelines for deciding stay applications?

Legislation cited

Subjects

  • Writ petition
  • Control Order, 2016
  • Appeal expediting
  • Stay application
  • Procedural directions

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                           WRIT - C No. - 39682 of 2026

                                    Girja Shankar Yadav
                                                                                               .....Petitioner(s)
                                                                      Versus

                                    State Of U.P. And 7 Others
                                                                                             .....Respondent(s)

                                    Counsel for Petitioner(s)        : Bhupesh Pratap Singh
                                    Counsel for Respondent(s)        : Bhupendra Kumar Tripathi, C.S.C.

                                    Court No. - 36
                                                HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard learned counsel for petitioner and learned counsel for
                                    respondents.

                                    2. In present case, petitioner has already filed an appeal under provisions
                                    of Control Order, 2016 which is still pending, therefore, considering
                                    prayer-2 of this writ petition, it is disposed of with an observation that
                                    concerned respondent will expedite the appeal and in case any application
                                    for stay is filed, the same be decided preferably within 8 weeks from
                                    today and subsequently, appeal be decided within 4 months thereafter.



                                                                               (Saurabh Shyam Shamshery,J.)
                                    September 30, 2026
                                    N. Sinha




Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad


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