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2019 (9) TMI 818

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..... of this Court (sitting at Lucknow) in Public Interest Litigation No. 6800 of 2019. In such facts, it appears proper that the present petition alongwith connected matters may remain provisionally maintained by this Court. List again on 16 October 2019 - Writ Tax No. - 942 of 2018 - - - Dated:- 18-9-2019 - Saumitra Dayal Singh, J. For the Petitioner : Rahul Agarwal For the Respondent : C.S.C.,Anant Kumar Tiwari,S.C. ORDER SAUMITRA DAYAL SINGH, J. 1. Heard learned counsel for the petitioners in this and connected matters, learne Standing Counsel for the revenue, Shri Krishnaji Shukla, Shri Devendra Gupta and Shri Krishna Agarwal, le .....

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..... ded upto 15.07.2019. 4. The non-constitution of the Tribunal by the Union has a direct bearing on the grievance that may continue to exist against these 2,339 orders passed in first appeals. In absence of the Tribunal being constituted, the present batch of writ petitions and other connected petitions have come to be instituted before this Court. At times, even the State has felt aggrieved and filed writ petitions. In each such case, the petitioner has pleaded that the alternative remedy is not available to it on account of non-constitution of the Tribunal. That being an admitted fact, the writ petitions have been entertained by this Court and continue to be entertained as there is no statement made by the Union as to the .....

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..... ubmitted that in terms of amalgamation order, the remedy of appeal should be provided by the constituting the Tribunal in such a manner as the fundamental aspect of the amalgamation order providing for clear cut definition and delineation of the jurisdiction of the Court sitting at Allahabad and Lucknow, is maintained and preserved. 8. Though initially certain orders had been passed in the present proceedings requiring the State and the Union to make their stand known with respect to constitution of the Tribunal, at present, in view of the subsequent developments noted above and cognizance having been taken by the division bench of this Court whereupon a Full Bench has been constituted, no further orders are required to b .....

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