Narendra vs State Of U.P. Through Collector. ...
2021 Latest Caselaw 3400 ALL

Citation : 2021 Latest Caselaw 3400 ALL
Judgement Date : 12 March, 2021

Allahabad High Court

Narendra vs State Of U.P. Through Collector. ... on 12 March, 2021

Bench: Kaushal Jayendra Thaker, Ajit Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 
Case :- FIRST APPEAL DEFECTIVE No. - 911 of 1994
 
Appellant :- Narendra
 
Respondent :- State Of U.P. Through Collector. Ghaziabad
 
Counsel for Appellant :- K.B.Sinha,B.K.Sinha,P.C. Chaudhary,Rakesh Pande,Shailesh Upadhyay
 
Counsel for Respondent :- S.C.
 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Ajit Singh,J.

Order on Civil Misc. Delay Condonation Application & Civil Misc. Restoration Application

There is enormous delay in filing the restoration application. The reason ascribed by the appellant is that he was not aware that his advocate has passed away and he was also not aware that his pairokar had also passed away.

Delay requires to be condoned on the count that in bunch of other matters, this High court has enhanced the compensation to the land owner whose lands have been acquired.

We are told by Sri Shivam Yadav, learned counsel appearing for the Authorities that reviews are filed in some of the matters, which are pending, challenging those orders.

Be that as it may, this appeal will also have to be decided similarly as the appellant though has been a non diligent litigant, which is accepted as a litigant normally relies on his advocate or pairokar as far as State of Uttar Pradesh is concerned and, therefore, it may be that counsel even before he breathed his last should have conveyed the appellant that the matter was dismissed for default. We have even perused the counter affidavit filed on 4.2.2020 which was filed after 5-6 years.

The appellant has deposited deficient court fees as per statement of counsel for the appellant Sri Shailesh Upadhyay. As the matter requires to be disposed of on merits, hence, we allow both the applications.

Delay is condoned.

The appeal is restored to file.

Deficiency has already been removed, hence, office to give regular number.

Order on Appeal

Office to list this appeal for final disposal on 19th March 2021.

Sri Shivam Yadav, learned counsel, shall give numbers of the files in which review has been field as matter in those files is covered by the Judgment of this Court.

Order Date :- 12.3.2021

Ram Murti