Allahabad HC extends interim orders passed by various courts under it till May 31

The Allahabad High Court on Saturday extended all the interim orders passed by various courts and Tribunals in the state, which were subsisting on March 15, till May 31, 2021, reviving the suo moto case registered last year.

A Division Bench of acting Chief Justice Sanjay Yadav and Justice Prakash Padia passed this order while hearing a Suo moto Cognizance.

The Court order was passed in wake of recent upsurge of pandemic Covid-19, affecting one and all in the State of Uttar Pradesh, consequence whereof the courts at all levels are working with reduced capacity.

The court stated that, Therefore, in the present scenario we deem it appropriate and in larger interest of public, to recall the order dated January 05, 2021 and restore this public interest litigation. And while invoking extra ordinary power under Article 226 of the Constitution and inherent power of superintendence under Article 227 of the Constitution and the inherent of powers of superintendence over criminal matter under section 482 of the Code of Criminal Procedure, 1973 and inherent power in civil matters under Section 151 of the Code of Civil Procedure, 1908, the Court issue the following directions:‐

(1) That all interim orders passed by the High Court of Judicature at Allahabad as well as at Lucknow, all the District courts, Civil courts, Family courts, Labour courts, Industrial Tribunals and all other Tribunals or Quasi-Judicial forums in the Uttar Pradesh over which this court has power of superintendence which were subsisting on March 15, 2021 shall stand extended till May 31, 2021.

(2) That the interim orders or directions of this court or any court subordinate to this court in the Uttar Pradesh which are meant to operate till further orders shall continue to remain in force until modified by specific order of the court concerned.

(3) It is further directed that the criminal courts in Uttar Pradesh which granted bail orders or anticipatory bail for a limited period, which are likely to expire, on or before May  31, 2021 shall stand extended for a period till that date i.e. 31.05.2021.

(4) That any orders of eviction, dispossession or demolition, already passed by the High Court, District court or Civil court, if not executed till the date of passing of this order shall remain in abeyance for the period till May 31, 2021.

(5) That the state government, Municipal Authorities, other local bodies and agencies and instrumentalities of the state government shall be slow in taking action of demolition and eviction of persons till May 31, 2021.

(6) It is further directed that any Bank or Financial Institution shall not take any action for auction in respect of any property or an institute or person or party or any body corporate till May  31, 2021.

"It is however made clear that in case of extension of interim orders as per the present order, any undue hardship and prejudice of any extreme nature is caused to any of the party to such proceedings, the said party/parties would be at liberty to seek appropriate relief by moving appropriate application before the competent Court, tribunal, judicial or quasi-judicial forum and the general direction issued by this order shall not be an embargo in considering such application and deciding the same after affording an opportunity of hearing to all the parties to said list. Needless to say, the State and its functionaries will also be at liberty to file appropriate application in respect of particular case for necessary directions", the Court said.

The court has fixed the next hearing of the Petition on May 05, 2021