Noman Ahamad Khan vs State Of U.P.Throu,District ...
2017 Latest Caselaw 8288 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 593 of 2017
 

 
Appellant :- Noman Ahamad Khan
 
Respondent :- State Of U.P.Throu,District Magistrate Khiri Lakhimpur & Ors
 
Counsel for Appellant :- Bhupendra Veer Singh
 
Counsel for Respondent :- C.S.C.,Anand Kumar Tripathi
 

 
Hon'ble Vikram Nath,J.

Hon'ble Abdul Moin,J.

C.M. Application No.133461 of 2017.

This is an application for condonation of delay in filing the appeal.

The cause shown in the affidavit filed in support of the delay condonation application is sufficient. The delay in filing the appeal is condoned.

The application is allowed.

Order on the Appeal

Heard learned counsel for the appellant, Sri Vishwajeet Singh,learned Brief Holder for the State-respondents and Sri Anand Kumar Tripathi, learned counsel representing respondents No.3 and 4.

Learned Single Judge dismissed the writ petition by order dated 9.8.2017 after recording that the record has been perused and no force was found in the petition. The order further records that even in the revised call no one was present on behalf of the petitioner-appellant to press the writ petition.

It has been submitted by learned counsel for the appellant that once the counsel for the petitioner was not present, the learned Single Judge ought to have proceeded to dismiss the writ petition for non prosecution. Reliance has been placed on the judgment of this Court in the case of Nikhil Kumar Singh vs. State of U.P. and others reported in 2015(33) LCD 2413 wherein under the similar set of facts this Court allowed the special appeal and requested the learned Single Judge to decide the petition on merits.

Accordingly, we allow this appeal, set-aside the order dated 9.8.2017 of the learned Single Judge with the request to decide the petition on merits after affording opportunity to the parties.

Order Date :- 22.12.2017

Rakesh

(Abdul Moin)    (Vikram Nath)