Kiran Devi vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 21017 ALL

Citation : 2023 Latest Caselaw 21017 ALL
Judgement Date : 7 August, 2023

Allahabad High Court

Kiran Devi vs State Of U.P. Thru. Prin. Secy. ... on 7 August, 2023

Bench: Attau Rahman Masoodi, Om Prakash Shukla





HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:51793-DB
 
Court No. - 2
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 554 of 2023
 
Appellant :- Kiran Devi
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow And Another
 
Counsel for Appellant :- Dharmendra Kumar Misra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

(C.M. Application No.1 of 2023: Application for Condonation of Delay)

1. Heard learned counsel for appellant and learned Standing Counsel for State-respondents.

2. There is delay of 32 days in filing the appeal. The appeal is accompanied with an application for condonation of delay supported by an affidavit.

3. Learned Standing Counsel does not have any objection if delay in filing the present appeal is condoned.

4. Cause shown being sufficient.

5. The application for condonation of delay in absence of any objection, is allowed and delay in filing the special appeal is hereby condoned.

(order on appeal)

6. This special appeal instituted under Chapter VIII Rule 5 of Allahabad High Court Rules is directed against the judgment/order dated 22.05.2023 passed by the learned Single Judge in Writ-A No.3809 of 2023 whereby the claim of the appellant-petitioner as regards to the interest on ex gratia payment of a sum of Rs.10,00,000/- has been rejected.

7. The amount of Rs.10,00,000/- claimed towards ex gratia payment was allowed by means of a judgment/order dated 09.12.2020 passed in Writ Petition No.24414 (S/S) of 2017 : Kiran Devi vs. State of U.P. and others without any interest. Admittedly the judgment has been complied with.

8. The issue as to the entitlement has come to an end with the compliance of the writ Court order. It would not be in public interest to stretch the liability against the State any further. Even the prayer for interest in the previous writ petition though made was rejected.

9. The special appeal bereft of any merit, is accordingly, rejected.

Order Date :- 7.8.2023

Shubhankar