Raj Kumar Yadav vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 22629 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:55178-DB
 
Court No. - 1
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 590 of 2023
 
Appellant :- Raj Kumar Yadav
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Secondary Education U.P. Lko. And 4 Others
 
Counsel for Appellant :- Birendra Pratap Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

1. Heard Shri Birendra Pratap Singh, learned counsel for appellant and learned Standing Counsel for State-respondents.

2. This special appeal has been filed under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 challenging the judgment and order dated 16.03.2021 passed by Hon'ble Single Judge in Writ Petition No.21996 (S/S) of 2020.

3. The special appeal is barred by time and the reported delay in filing the present special appeal is of 499 days even after grant of the benefit of Limitation in terms of order passed by Hon'ble the Apex Court in Miscellaneous Application No.21 of 2022 in Suo Moto Writ Petition (C) No.3 of 2020 on 10.01.2022.

4. Sweeping averments has been made to explain the delay and we do not find any plausible justification on the basis of which the prayer for condonation of delay may be granted.

5. Even otherwise, the judgment impugned in the instant special appeal on the strength of reasoning assigned therein does not suffer from any illegality calling for interference in exercise of powers under intra-Court appeal. This Court while observing so is conscious of the fact that the question of delay condonation must be dealt with independently.

6. The application for condonation of delay (C.M. Application No.1 of 2023) is accordingly rejected and consequently, the appeal is also rejected.

Order Date :- 21.8.2023

Shubhankar