Santosh Kumar Pandey vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 525 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 5 of 2021
 

 
Appellant :- Santosh Kumar Pandey
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt.,Lko.& Ors.
 
Counsel for Appellant :- Angrej Nath Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajan Roy,J.

Hon'ble Saurabh Lavania,J.

Heard.

This appeal is directed against a judgment dated 14.10.2019 passed by the Writ Court in Writ Petition 26254 (SS) of 2018 which was dismissed as withdrawn with caution to the petitioner not to make false statements in writ petition in future. Appeal itself is delayed by about 419 days. Affidavit filed in support of the application for condonation of delay mentions that the appellant came to know about dismissal of the petition on 12.11.2019, however, due to some family problems he could not file the appeal earlier. He contacted the counsel sometimes in March 2020 (incorrectly mentioned as March 2019). Thereafter he came to the office of his counsel on 20.3.2020. The affidavit thereafter merely states that on 15.12.2020 the appellant came to the office of his counsel and requested him to file the appeal. In the interregnum it is stated that similar order had been passed on 23.11.2020. The narration of facts and explanation given in the affidavit does not satisfy the court as to the delay which is inordinate, therefore, the application for condonation of delay/extension of time in filing the appeal is rejected. Consequently the appeal also stands dismissed.

At this stage, learned counsel for the appellant sought permission to file a review application.

No permission is required from this court. It is the law which governs filing of such applications, and will apply.

(Saurabh Lavania, J.) (Rajan Roy, J.)

Order Date :- 8.1.2021

A.Nigam