Sarita Swayam Sahayata Samooh ... vs State Of U P And 8 Others
2023 Latest Caselaw 17513 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:139971-DB
 
Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 413 of 2023
 
Appellant :- Sarita Swayam Sahayata Samooh Gram Sabha
 
Respondent :- State Of U P And 8 Others
 
Counsel for Appellant :- Chandra Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Anish Kumar Gupta,J.

Order on Delay Codonation Application:-

There is delay of 30 days in filing the appeal. There is no objection to the delay condonation application. The delay has been explained to the satisfaction of the Court.

The delay condonation application is allowed. The delay in filing the appeal is hereby condoned.

The appeal be treated to have been filed within time.

Office shall allot regular number to the appeal.

Order on memo of Appeal:-

This intra-Court appeal is directed against the judgement and order dated 12.05.2023 on the ground that the interim order granted by the Writ Court is based on a judgement and order dated 24.05.2021 passed in the case of Hari Pal & ors vs. State of UP & ors in Misc. Single No.16086 of 2020, declaring the Government Order dated 07.07.2020 as ultravires, pursuant to which the selection of the appellant for allotment of fair price shop was made. The copy of the order dated 29.07.2021 passed by the Special Appellate Court in Special Appeal Defective No.249 of 2021 has been placed before us to demonstrate that the decision of the learned Single Judge in the judgment and order dated 24.05.2021 has been stayed by this Court.

Taking note of the interim order dated 29.07.2021, which according to the learned counsel for the appellant is operative till date, while setting aside the interim order dated 12.05.2023, to the extent of staying the effect and operation of impugned orders dated 27.03.2023 and 05.04.2023 (in the writ petition), we place the matter before the learned Single Judge, with the request that the writ petition be decided on merits after exchange of the affidavits of the parties.

The instant appeal is, accordingly, disposed of.

Order Date :- 14.7.2023

P Kesari