Pushpendra Kumar vs State Of U.P. And 5 Others
2021 Latest Caselaw 4328 ALL

Citation : 2021 Latest Caselaw 4328 ALL
Judgement Date : 22 March, 2021

Allahabad High Court

Pushpendra Kumar vs State Of U.P. And 5 Others on 22 March, 2021

Bench: Manoj Misra, Rajiv Joshi




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 197 of 2021
 

 
Appellant :- Pushpendra Kumar
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Appellant :- Javed Husain Khan,Gulrez Khan,Sr. Advocate Sri W.H. Khan Senior Advocate
 
Counsel for Respondent :- C.S.C.,Sant Ram Sharma
 

 
Hon'ble Manoj Misra,J.

Hon'ble Rajiv Joshi,J.

We have heard learned counsel for the appellant; and the learned Standing Counsel as well as Sri Sant Ram Sharma for the respondents.

This intra court appeal has been filed against a judgment and order dated 03.12.2020 of the learned Single in Writ-C No.18036 of 2020 by which the writ petition of the appellant has been dismissed in view of the judgment and order dated 02.11.2020 rendered in Writ-C No.17547 of 2020.

Although, a delay condonation application has been filed to condone the delay but the office of the Stamp Reporter has reported that no delay condonation application is required as the running of the period of limitation stood suspended during Covid-19 Pandemic.

The learned counsel for the appellant has invited our attention to page 36 of the paper book so as to demonstrate that the judgment and order dated 02.11.2020 passed by the learned Single Judge in Writ-C No.17547 of 2020 was challenged in Special Appeal Defective No.1144 of 2020 which was allowed and the said order was set aside and the matter was remanded back to the learned Single Judge for a fresh decision.

The learned counsel for the respondents does not dispute the aforesaid position.

As the order impugned in this appeal is based on the order dated 02.11.2020 passed in Writ-C No.17547 of 2020 which has already been set aside by the Division Bench of this Court vide order dated 08.01.2021 passed in Special Appeal Defective No.1144 of 2020, this appeal is allowed. The order dated 03.12.2020 passed by the learned Single Judge in Writ-C No.18036 of 2020 is set aside. The writ petition of the petitioner, namely, Writ-C No.18036 of 2020, shall be connected with Writ-C No.17547 of 2020 and be listed before the learned Single Judge along with the connected writ petition.

Order Date :- 22.3.2021

AKShukla/-