State Of U.P. Thru. Addl. Chief ... vs Dr. Shailendra Kumar Mishra
2023 Latest Caselaw 12974 ALL

Citation : 2023 Latest Caselaw 12974 ALL
Judgement Date : 26 April, 2023

Allahabad High Court

State Of U.P. Thru. Addl. Chief ... vs Dr. Shailendra Kumar Mishra on 26 April, 2023

Bench: Devendra Kumar Upadhyaya, Om Prakash Shukla




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 
Case :- SPECIAL APPEAL DEFECTIVE No. - 203 of 2023
 
Appellant :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Ayush Anubhag-I Govt. U.P. Lko. And Others
 
Respondent :- Dr. Shailendra Kumar Mishra
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- Ashok Kumar Mishra
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Om Prakash Shukla,J.

(C.M. Application No.1 of 2023)

Having heard the learned counsel representing the appellant-State authorities and having perused the affidavit filed in support of the application seeking condonation of delay in filing the special appeal, we are satisfied that the delay has sufficiently been explained.

Accordingly, the application is allowed and delay in preferring the special appeal is hereby condoned.

Order of Memo of Appeal

By means of this intra-court appeal the appellants-State authorities have challenged an order dated 13.01.2021 passed by the learned Single Judge whereby Writ Petition No.18981 of (S/S) of 2020 has been disposed of with the direction to the State Government to consider the claim of the respondent-petitioner in the light of the judgment of Dr. Amrendra Narain Srivastava vs.State of U.P and others, decided on 01.03.2012 in Writ-A No.61974 of 2011. It has been informed by the learned counsel representing the appellants-State authorities that in compliance of the said order dated 13.01.2021 passed by the learned Single Judge, the State Government has taken a decision on 19.03.2021 whereby the representation of the respondent-petitioner has been decided. The said order dated 19.03.2021 is taken on record.

We have further been informed that the said order dated 19.03.2021 passed by the State Government has been challenged by the respondent by instituting Writ Petition before this Court.

In view of the aforesaid the special appeal has lost its eficacy. Hence, the special appeal is hereby dismissed as such.

Order Date :- 26.4.2023

akhilesh/