Allahabad High Court

A227/7052/2025 of ARUN KUMAR SINGH Vs STATE OF U.P. THRU. DIST. MAGISTRATE PRATAPGARH AND 3 OTHERS on 10 December 2025

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JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 7052 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Badri Prasad Singh, learned counsel for the petitioner and Shri Ram Kumar Mishra, learned Standing Counsel appearing for the State. 2. By means of the present

HIGH COURT OF JUDICATURE AT ALLAHABAD

LUCKNOW

MATTERS UNDER ARTICLE 227 No. - 7052 of 2025

Court No. - 17

HON'BLE SUBHASH VIDYARTHI, J.

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1. Heard Shri Badri Prasad Singh, learned counsel for the petitioner and Shri Ram Kumar Mishra, learned Standing Counsel appearing for the State.

2. By means of the present petition filed under Article 227 of the Constitution of India, the petitioner has challenged the validity of the order dated 28.05.2025 passed by the Civil Judge, Junior Division, Court No.16, Pratapgarh in Regular Suit No.1779 of 2024, whereby the suit has been dismissed as not maintainable keeping in view the provisions contained under Section 23 of the Uttar Pradesh Motor Vehicles Taxation Act, 1997 (herein after referred to as "the Act, 1997") wherein it has been provided that the petitioner has got remedy of filing an appeal under Section 18 of the Act, 1997 before the Transport Commissioner, Uttar Pradesh.

3. Keeping in view the nature of the relief sought and order proposed to be passed, issuance of notice to the respondents is hereby dispensed with.

4. The learned counsel for the petitioner has confined his submission for a direction for disposal of the appeal, expeditiously.

5. The learned Standing Counsel has no objection to the aforesaid limited submission made by learned counsel for the petitioner.

6. In view of the above, the present petition stands disposed off by leaving it open to the petitioner to file an appeal under Section 18 of the Act, 1997. In case, any delay has been occasioned in filing of the appeal, the petitioner shall file an application for condonation of delay which shall be considered and decided expeditiously and sympathetically, in Versus Counsel for Petitioner(s) : Badri Prasad Singh Counsel for Respondent(s) : C.S.C. Arun Kumar Singh .....Petitioner(s) State Of U.P. Thru. Dist. Magistrate Pratapgarh And 3 Others .....Respondent(s)

accordance with law.

December 10, 2025 V. Sinha A227 No. 7052 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench

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