State Of U.P. And 2 Others vs Kapil Deo And Another
2021 Latest Caselaw 2734 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 
Case :- SPECIAL APPEAL DEFECTIVE No. - 134 of 2021
 

 
Appellant :- State Of U.P. And 2 Others
 
Respondent :- Kapil Deo And Another
 
Counsel for Appellant :- Subhash Rathi
 
Counsel for Respondent :- Ashutosh Srivastava
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

Order on Delay Condonation Application No. 1 of 2021

This appeal has been filed with the delay of 590 days. An application for condonation of delay has been filed.

A perusal of the application does not explain the delay of more than 1 and a half year. It seems that appellants did not intent to file the appeal. The appeal was filed when the appellants were served with the notice for contempt.

The aforesaid cannot be a ground to condone the delay.

It is more so when the facts narrated in the application show that Court asked the Director of Education (Basic), U.P., Lucknow to appear in the Court in person. It is then only the decision for filing the appeal was taken.

We do not find any plausible excuse to condone the delay. It is not even a case where delay occurred due to administrative process rather it was not initiated till the threat of contempt.

Taking aforesaid into consideration, the delay of 590 days in filing the appeal cannot be condoned.

The view expressed by us is supported by the judgment of the Apex Court in the case of State of U.P. Vs. Prem Chandra, Special Leave Petition (Civil) Diary No. 971 of 2020 decided on 27.11.2020.

The application for condonation of delay is dismissed.

Order on Appeal

In result of the above, the appeal is also dismissed.

Order Date :- 19.2.2021

//Nirmal//