State Of U.P. And Another vs Smt. Nirmala Srivastava And ...
2023 Latest Caselaw 17732 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:141818-DB
 
Court No. - 29
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 324 of 2023
 

 
Appellant :- State Of U.P. And Another
 
Respondent :- Smt. Nirmala Srivastava And Another
 
Counsel for Appellant :- Santosh Kumar Srivastava
 
Counsel for Respondent :- Rashmi Tripathi
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Anish Kumar Gupta,J.

1. This is a wholly misconceived appeal filed by the State after one year of the order passed by the learned Single Judge, disposing of the writ petition with a direction to consider the claim of the petitioners and decide on merits. A perusal of the judgment and order dated 25.11.2021 passed by the learned Single Judge indicates that the writ petition has been disposed of granting liberty to the writ petitioners to approach the competent authority and further directing to the said authority to decide the representation in accordance with law. The learned Single Judge did not enter into the merits of the claim of the petitioners. We fail to understand as to how and on whose instruction, decision for filing of appeal has been taken by the concerned officers, when no order on the merits of the case was passed by the learned Single Judge.

2. The most surprising fact is that the instant appeal has been filed after a period of one year from the date of the order that too after expiry of two months of passing of the order dated 13.02.2023 of rejection of the representation on merits in compliance of the judgment impugned.

3. In the said scenario, we dismiss the instant appeal as misconceived.

4. However, before parting with this order, we direct the Director, Ayurvedic Unani Sevayan, Directorate, U.P., Lucknow, to make an inquiry into the matter and fix responsibility on the erring officials who have been instrumental in filing the instant appeal, resulting in wasteful expenditure of the State exchequer and adding to the volume of humongous litigation in this Court.

5. We further find it fit to impose cost upon the State appellant for misusing the process of the Court and dragging the writ petitioners in this litigation unnecessarily. A cost to the tune of Rs. 10,000/-, shall be deposited before the Registrar General, High Court, Allahabad, within a period of three weeks from today. The cost so deposited shall be paid to the respondents/writ petitioners after due verification. It would be open for the State appellants to realise the cost from the erring officials.

Order Date :- 17.7.2023

Shubham Arya