Lachchhi Ram vs State Of U.P. And 3 Others
2022 Latest Caselaw 22580 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 18451 of 2022
 

 
Petitioner :- Lachchhi Ram
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Manish Kumar Dwivedi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner.

Present petition has been filed challenging the order dated 30.4.2022 whereby the claim of the petitioner for consideration of his rights in the light of the judgment in the case of Kaushal Kishore Chaubey & 4 Ors v. State of U.P. & 2 Ors.; Writ - A No.5817 of 2020 decided on 8.10.2021 has been refused only on the ground that a special appeal against the said judgment is pending consideration and it would not be appropriate to take a decision till the special appeal is decided.

Contention of learned counsel for the petitioner is that although Special Appeal Defective No.1059 of 2021 has been preferred, however in the said case neither the delay has been condoned nor any interim order has been passed.

It is well settled that the judgment is binding upon the authority till the time it is upset or set aside by higher forum.

The State cannot refuse the claim only on the ground of pendency of the special appeal wherein no interim order has been passed. It is on the said sole ground, the order dated 30.4.2022 is set aside.

Respondents are directed to pass fresh orders in accordance with law within a period of three months.

It is made clear that mere pendency of the special appeal will not be taken as a ground for rejecting the claim of the petitioner.

The writ petition is accordingly disposed off.

Order Date :- 22.12.2022

nishant