Rakesh Kumar vs State Of U.P. Through Secretary ...
2023 Latest Caselaw 6885 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

RESERVED JUDGMENT
 
Reserved on: 17.01.2023
 
Delivered on: 02.03.2023
 
Court No. - 1
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 116 of 2020
 

 
Appellant :- Rakesh Kumar
 
Respondent :- State Of U.P. Through Secretary Revenue And 5 Others
 
Counsel for Appellant :- Anurodh Kumar Srivastava
 
Counsel for Respondent :- C.S.C.,Avinash Tiwari
 

 
Hon'ble Ramesh Sinha,J.

Hon'ble Subhash Vidyarthi,J.

(C.M.A. No. 28367 of 2020)

This is an application for condonation of delay in filing the special appeal.

Heard Shri Anurodh Kumar Srivastava, learned counsel for the appellant, Shri Amitabh Kumar Rai, Addl. Chief Standing Counsel for the State-Respondent and Shri Avinash Tiwari, learned counsel for the respondent.

Cause shown for the delay in filing the appeal is sufficient. The application is allowed. Delay is condoned.

(Order on Appeal)

The instant appeal has been filed by the appellant Rakesh Kumar against the judgment and order dated 6.11.2019 passed by the Hon'ble Single Judge in Writ Petition No. 29563 of 2018.

The appellant was not a party to the writ petition and he has not filed any application seeking seave to file appeal. The respondent nos. 4 to 6 have filed objections/short counter affidavit, to which no reply has been filed by the appellant, however, without going into the aforesaid questions, as the judgment and order dated 6.11.2019 passed in the Writ Petition No. 29563 of 2018 has been set aside by our order of date passed in Special Appeal No. 73 of 2020, the instant appeal has become infructuous and the same is dismissed accordingly.

(Subhash Vidyarthi, J.) (Ramesh Sinha, J.)

Order Date :- 02.03.2023

A.Nigam