Devesh Maheshwari vs State Of U.P. And 5 Others
2021 Latest Caselaw 8061 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 469 of 2021
 

 
Appellant :- Devesh Maheshwari
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Appellant :- Arvind Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice
 
Hon'ble Ajai Tyagi,J.

In Re: Civil Misc.(Condonation) Application No.1 of 2021

Heard learned counsel for the applicant and learned Standing Counsel for the State.

This is an application under Section 5 of the Limitation Act for condonation of delay in filing the appeal .

The delay is of 757 days.

The reasons for delay has been explained, which we find to be justifiable to condone the delay in filing the appeal. No serious objection against the condonation has been raised by learned counsel appearing for the respondent.

In view of the above, the application for condonation of delay is allowed.

The delay in filing the appeal is condoned.

In Re: Special Appeal

By this appeal, a challenge is made to the judgment dated 14.05.2019, whereby writ petition preferred by the petitioner was dismissed. The petition was filed to seek appointment on acquisition of land. The issue aforesaid was decided by this Court earlier in the case of Ravindra Kumar vs. District Magistrate and others, (2005) 1 UPLBEC 118. Right of employment has not been recognized therein.

In view of the above, the petition was rightly dismissed by the learned Single Judge. Even before us, no provision has been referred to claim right of employment on acquisition of land.

The appeal fails and is, accordingly, dismissed.

Order Date :- 15.7.2021

LN Tripathi