Rajeev And 5 Others vs State Of U.P. And 6 Others
2023 Latest Caselaw 18250 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:143346
 
Court No. - 48
 

 
Case :- WRIT - B No. - 1870 of 2023
 

 
Petitioner :- Rajeev And 5 Others
 
Respondent :- State Of U.P. And 6 Others
 
Counsel for Petitioner :- Ramesh Chandra Dwivedi
 
Counsel for Respondent :- C.S.C.,Pankaj Kumar Mishra,Sudhir Bharti
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Heard Sri Ramesh Chandra Dwivedi, learned counsel for petitioners, Sri Pankaj Kumar Mishra, for respondent no.6/1 and Sri Sudhir Bharti for respondent no.5.

2. Learned counsel for parties are in agreement that the matter can be remanded back to the revisional authority to consider the condonation of delay application on the basis of its averments without being influenced by merits of the case.

3. Considering the above submissions, impugned order is set-aside and the matter is remanded back to the revisional authority to consider the application for condonation of delay on the basis of averments made in the said application and considering the judgment passed by Supreme Court in Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy & Ors, (2013) 12 SCC 649 after hearing the parties and decide in accordance with law within a period of three months from today.

4. With the aforesaid direction, this writ petition is disposed of.

Order Date :- 19.7.2023

SB