BHANAMAL GULZARILAL PVT LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) -After hearing the counsel for the Revision Petitioner and the representative of the Respondent we have unhesitatingly come to the conclusion that this Revision Petition has to be allowed. The mere fact that a Writ Petition has been filed by the opposite party before the Allahabad High Court challenging the order passed by the District Forum and an interim order of stay had been passed by the High Court in the said Writ Petition which is pending before the High Court did not constitute any valid justification for the State Commission to summarily dispose of the appeal without dealing with it on the merits. The proper procedure to be adopted by the State Commission was to postpone the hearing and disposal of the appeal until after the final disposal of the Writ Petition by the High Court. The Order of the State Commission disposing of the appeal by merely stating that a Writ Petition had been filed before the High Court and an interim stay has been issued is therefore manifestly illegal and without jurisdiction. The said order is hereby set aside and the appeal is remanded to the State Commission, U.P. with the direction that it should be heard and decided after the Writ Petition before the High Court is finally disposed of by the High Court. Order set aside.