High Court Cannot Grant Stay During Pendency Of Appeal When Stay Application Is Also Pending Before Appellate Authority: Allahabad HC

Last week, a division bench of the Allahabad High Court set aside the order of a Single Judge granting a blanket stay on the order passed by Assistant Collector, Ist Class, Tehsil - Obra, District - Sonbhadra under Section 134 of the UP Revenue Code, 2006. The Court held that the stay could not have been granted as the stay application was pending before the Commissioner.

Respondent filed a writ petition seeking early disposal of the stay application pending before the Commissioner. The Single Judge had directed that the appeal filed by the petitioner be decided within 6 months period with a further direction that during the pendency of the appeal, the order impugned shall remain stayed.

Subsequently, the appellant filed a special appeal against the order of the Single Judge on the grounds that the writ was filed only seeking early disposal of the stay application. However, by granting stay, the High Court has disposed of the stay application without considering the merits of the matter.

The Court observed that the direction given by the Single Judge has the effect of deciding the stay application even though it is still pending before the Commissioner. The Court held that the stay application cannot be decided without going into the merits of the case.

The bench comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar held

“Once the stay application was pending before the Commissioner, in terms of the relief claimed by the respondent no. 1 and in case, the Court was of the view that the stay application was required to be considered at an early date, such direction could have been issued. However, directing that during the pendency of the appeal, which appeal was ordered to be decided within a period of six months, there shall be stay on the operation of the order, cannot be sustained.”

Accordingly, the special appeal was allowed with a direction to the Commissioner to decide the stay application on the date fixed after hearing the parties involved.

Case Title: Radhey Shyam And Another v. Manish Sood And 7 Others [SPECIAL APPEAL No. - 220 of 2024]

Click Here To Read/Download Order