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2021 Supreme(UK) 247

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Pulak Raj Mullick - Appellant
Versus
Union Of India & Ors. - Respondents
Writ Petition (M/S) No. 2552 of 2021
Decided On : 09-12-2021

Advocates Appeared:
Vikas Bahuguna, Advocate, V.K. Kapruwan, Advocate, B.S. Adhikari, Advocate

The need for expeditious disposal of review petitions under the Cantonment Act, 2006.

Headnote:

Sanction - House Plan - The court directed the Competent Authority to expedite the disposal of the review petition filed under Section 57 of the Cantonment Act, 2006.

Fact of the Case:

The petitioner's application for sanction of a house plan was rejected by the Cantonment Board. The petitioner filed an appeal and a review petition before the General Officer Commanding-in Chief and the Central Government, respectively.

Finding of the Court:

The court disposed of the writ petition with a direction to the Competent Authority to take a decision on the petitioner's review petition within six weeks.

Issues: Delay in disposal of review petition filed under Section 57 of the Cantonment Act, 2006.

Ratio Decidendi: The court emphasized the need for expeditious disposal of review petitions under the Cantonment Act, 2006, and directed the Competent Authority to take a decision within a specified timeframe.

Final Decision: The court directed the Competent Authority to decide on the petitioner's review petition within six weeks.

JUDGMENT

Manoj Kumar Tiwari, J. - Petitioner had applied for sanction of a house plan to the Cantonment Board, Clement Town, Dehradun. His application was rejected by Chief Executive Officer, Cantonment Board, Clement Town vide order dated 25.06.2014. Petitioner challenged the said order by filling an appeal before General Officer Commanding-in Chief, Central Command, Lucknow, which was dismissed vide order dated 13.07.2016. Petitioner thereafter filed a review petition before the Central Government under Section 57 of the Cantonment Act, 2006, on 23.09.2016, which is said to be pending.

2. By means of this writ petition, petitioner has sought a direction to the Competent Authority i.e., Ministry of Defence to expedite disposal of the review petition.

3. In view of the statement made in para no. 29 of the writ petition that the review petition filed by the petitioner is pending for more than four years, the writ petition is disposed of with a direction to respondent no.3 to take decision on petitioner's review petition as early as possible, but not later than six weeks from the date of production of certified copy of this order.

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