State Of U.P.Thru Prin.Secy.Home ... vs Nizamuddin
2021 Latest Caselaw 9981 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 267 of 2021
 

 
Appellant :- State Of U.P.Thru Prin.Secy.Home Deptt. Lucknow & Ors.
 
Respondent :- Nizamuddin
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- Raghvendra P. Singh
 

 
Hon'ble Ritu Raj Awasthi,J.

Hon'ble Dinesh Kumar Singh,J.

C.M. Application No.95384 of 2021

1. This application has been filed to condone reported delay of 148 days as on the date of filing i.e. 07.08.2021 in preferring intra-Court appeal, challenging judgment and order dated 09.02.2021 passed in Writ Petition No.4575 (S/S) of 2013.

2. It is supported with an affidavit. Cause shown in the affidavit is sufficient. Even otherwise, considering the order dated 27.04.2021 passed by the Supreme Court in Misc. Application No.665 of 2021 in SMW (C) No.3 of 2020; Cognizance for Extension of Limitation Vs. XXXX', we feel it appropriate to condone the delay.

3. Accordingly, application for condonation of delay is allowed, and the delay in filing the appeal is condoned.

4. Office is directed to allot regular number to the appeal.

On Memo

1. This intra-Court Appeal under Chapter-VIII Rule 5 of the Allahabad High Court Rules, 1952 has been preferred against the judgment and order dated 09.02.2021 whereby the writ petition has been allowed, considering the admitted position between the parties that the controversy involved in the writ petition is squarely covered by the judgment and orders passed in Writ Petition No.2757 (S/S) of 1998 'Tajuddin Ansari Vs. State of U.P. and others' and in Writ Petition No.6315 (S/S) of 2009 'Ataullah Khan Vs. District Magistrate/Ziladhikari Jalaun & others.

2. Mr. Raghvendra Pratap Singh, learned counsel for the respondent, informs that the judgment and order passed in the case of 'Ataullah Khan Vs. District Magistrate/Ziladhikari Jalaun & others' was under challenge in Special Appeal Defective No.585 of 2018 'State of U.P. and others Vs. Ataullah Khan', which was dismissed vide judgment and order dated 31.10.2018, copy of which has been placed before us. The same is taken on record. Learned counsel for the respondent has also placed before us copy of judgment and order dated 11.03.2014 passed in Special Appeal Defective No. 268 of 2014 'State of U.P. and 3 others Vs. Mohammad Ishtiaque Ansari' wherein the special appeal was dismissed.

3. In view of the above, we are of the considered view that the judgment and order relied by the writ-Court in the case of ''Ataullah Khan Vs. District Magistrate/Ziladhikari Jalaun & others' has attained finality and, as such, no interference is required.

4. The special appeal is, accordingly, dismissed.

[D.K. Singh,J.] [R.R. Awathi, J.]

Order Date :- 10.8.2021

MVS/-