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2018 Supreme(All) 2003

IN THE HIGH COURT OF ALLAHABAD
DEVENDRA KUMAR UPADHYAYA, RANG NATH PANDEY, JJ.
Yogendra Singh - Petitioners
Versus
State Of U.P. Thru. Secy, Agri. Marketing and Exports, Lko. & Ors. - Respondents
Service Bench No., 24113 of 2018
Decided On : 28-08-2018

Advocates Appeared:
For the Petitioner: Jitendra Narain Mishra.
For the Respondent: C.S.C., Naresh Chandra Mehrotra.

Courts may dispose of writ petitions based on assurances from respondents regarding the completion of pending actions, provided the assurances are reasonable and specific.

Headnote:

Promotion - Delay in Promotion - The court disposed of the writ petition based on the respondent's statement that the exercise of promotion would be concluded within two weeks and the promotional order issued within a week thereafter.

Fact of the Case:

The petitioner had filed a writ petition due to the delay in the exercise of promotion, despite an earlier statement by the respondent's counsel that the promotion would be completed soon.

Finding of the Court:

The court disposed of the writ petition based on the respondent's statement that the exercise of promotion would be concluded within two weeks and the promotional order issued within a week thereafter.

Issues: Delay in promotion despite assurance by the respondent's counsel.

Ratio Decidendi: The court relied on the statement made by the respondent's counsel regarding the timeline for completing the promotion exercise.

Final Decision: The writ petition was disposed of in terms of the respondent's statement that the promotion exercise would be concluded within two weeks and the promotional order issued within a week thereafter.

JUDGMENT :

1. Heard Sri Jitendra Narain Mishra, learned counsel appearing for the petitioner and Sri Naresh Chandra Mehrotra, learned counsel appearing for the respondent-U.P. Rajya Krishi Utpadan Mandi Parishad.

2. Having argued to the issues raised herein, this Court on 24.8.2018 passed the following order:

"Heard Sri Jitendra Narain Mishra, learned Counsel for the petitioner and Sri Naresh Chandra Mehrotra, learned Counsel representing the U.P. Rajya Krishi Utpadan Mandi Parishad.

The petitioner had earlier filed the Writ Petition No.15581 (SB) of 2018 wherein on 25.05.2018, a statement was made by learned counsel representing the U.P. Rajya Krishi Utpadan Mandi Parishad that exercise of promotion was under process and candidature of the petitioner for promotion would be considered in case he falls within the criteria. It was also stated that exercise of promotion would be completed very soon. Keeping in view the statement made by learned Counsel representing U.P. Rajya Krishi Utpadan Mandi Parishad, the petition was disposed of in terms of the said statement, however, it was left open for the petitioner to approach the appropriate forum if exercise of promotion is not completed by the authorities within a reasonable time.

The said order was passed by the Coordinate Bench of this Court and almost three months have lapsed since then, however we have been informed that promotion has yet not been made.

List/put up t his case on 28.08.2018 as fresh to enable learned Counsel appearing for U.P. Rajya Krishi Utpadan Mandi Parishad to seek instructions as to within what shortest possible time the exercise of promotion would be completed."

3. Sri Mehrotra, learned counsel for the respondent-U.P. Rajya Krishi Utpadan Mandi Parishad, on the basis of the instructions received from the Managing Director of the Mandi Parishad in compliance of the order dated 24.08.2018, has stated that the entire exercise for promotion shall be concluded within two weeks from today and the promotional order shall also be issued within a week thereafter.

4. The writ petition is disposed of in terms of the aforesaid statement made on the basis of the instructions received from the Director of the Mandi Parishad.


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