State Of U.P. Thru. Prin. Secy. ... vs Anil Kumar And Others
2023 Latest Caselaw 305 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 1 of 2023
 

 
Appellant :- State Of U.P. Thru. Prin. Secy. Deptt. Hort. Govt. U.P. Civil Secrt. Lko. And Ors
 
Respondent :- Anil Kumar And Others
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- Ankit Pande
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Manish Kumar,J.

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

This is an application for condonation of delay under Section 5 of the Limitation Act in filing Special Appeal.

Cause shown in the accompanying affidavit filed in support of the instant application for condonation of delay is sufficient.

Application is allowed.

Delay is condoned.

(Order on Special Appeal)

Heard Sri Nagendra Kumar Dwivedi, learned Standing counsel for the appellants-State and Sri Ankit Pandey, learned counsel for the respondents.

Learned counsel for the appellants has pointed out that the impugned judgment and order dated 27.09.2019 passed by the learned Single Judge in W.P. No. 20475 (S/S) of 2018 (Anil Kumar & Ors. vs. State of U.P. and Ors.) is per incuriam as the order which has been passed by the learned Single Judge was based on the judgment dated 14.12.2007 passed by this Court in the case of Janardan Yadav vs. State of U.P. in Civil Misc. Writ Petition No. 38170 of 2005, which has already been set aside by the Division Bench of this Court vide its judgment/order dated 24.08.2017 passed in Special Appeal Defective No. 173 of 2013.

Learned counsel for the respondent has tried to justify the claim in pursuance of the impugned judgment/order passed by the learned Single Judge but from perusal of the same, we find that on the impugned judgment/order has been passed on the basis of the judgment dated 14.12.2007 passed by this Court in the case of Janardan Yadav (supra), which has already been set aside by the Division Bench of this Court vide its judgment/order dated 24.08.2017.

On query made from the learned counsel for the appellant as to why the said judgment/order was not placed before the learned Single Judge of this Court while deciding the present matter, he could not given a satisfactory reply.

It is very unfortunate on the part of the State to have mislead the Court and not pointed out the correct law on the subject.

Considering the fact that the impugned judgment/order has been passed on the basis of the judgment/order dated 14.12.2007 passed by this Court in the case of Janardan Yadav (supra) which has already been set aside, we allow the present Special Appeal quashing the impugned judgment and order dated 27.09.2019 passed by the learned Single Judge of this Court with a request to the learned Single Judge to decide the matter afresh, expeditiously, in accordance with law.

(Manish Kumar, J.) (Ramesh Sinha, J.)

Order Date :- 4.1.2023/Nitesh