State Of U.P. Thru. Secy. Deptt. Of ... vs C/M, Shri Sawaswati Jayanti ...
2023 Latest Caselaw 26775 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:63292-DB
 
Court No. - 1
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 754 of 2023
 
Appellant :- State Of U.P. Thru. Secy. Deptt. Of Secondary Education Govt. Of U.P. Civil Secrt. Lko And Another
 
Respondent :- C/M, Shri Sawaswati Jayanti Vidyalaya Samiti, Barabanki Thru. Manager Vijay Pal Trivedi And Another
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- Sharad Kumar Srivastava
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Om Prakash Shukla,J.

(C.M A. No.1 of 2023)

1. The instant intra-court appeal arising out of the judgment/order rendered by the Writ Court on 14.07.2022 in Writ-C No.32894 of 2019 is delayed by 405 days and an application seeking condonation of delay has been filed along with appeal.

2. Shri Sharad Kumar Srivastava, learned counsel representing the respondent nos.1 and 2 does not have any objection if delay in filing the appeal for the reasons spelt out is condoned.

3. In absence of any objection and the cause shown in the affidavit filed in support of the application seeking condonation of delay being sufficient, the application for condonation of delay is allowed and delay is condoned.

Order on Memo of Appeal

4. It appears that the respondents have utilized some land for construction of a Girls Intermediate College after requisition as per the terms of the scheme floated by the Government on 28.12.1998. It is not in dispute that the educational institution has been constructed and is operational. It is equally not in dispute that all the formalities of the scheme of the Government were fulfilled by the respondents. The writ court having gone through all the aspects of the matter has found that once the position was altered by the respondents by utilizing their land for construction of a girls educational institution thereon, there was no reason as to why the benefit of the scheme might not be available to the respondents in the true spirit of the Government Order. The completion certificate for utilization of fund was also submitted by the respondents and is available on record. The recovery of interest on the amount advanced to the respondents was permissible only in the eventuality of misuse of fund. The Writ Court has observed that in absence of any misuse of the fund, no such realization could be made by the authorities and it is in this background that the writ petition filed was allowed.

5. After going through the judgment impugned here in this special appeal, we find that the observations made by the writ court stand in consonance with the terms of the scheme. Therefore, for want of any illegality having been pointed out, there is no scope so as to warrant any interference in the judgment and order passed by the Writ Court in the present intra-court appeal.

6. In view of above, we do not find any merit in this special appeal which is hereby rejected.

Order Date :- 3.10.2023

akhilesh/