State Of U.P.Through ... vs Sri Raj Kumar Agarwalpno-801022485
2024 Latest Caselaw 17590 ALL

Allahabad High Court

State Of U.P.Through ... vs Sri Raj Kumar Agarwalpno-801022485 on 16 May, 2024

Author: Rajan Roy

Bench: Rajan Roy

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:37612-DB
 
Court No. - 2
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 64 of 2018
 
Appellant :- State Of U.P.Through Prin.Secy.Deptt.Of Home Lko.And Ors.
 
Respondent :- Sri Raj Kumar Agarwalpno-801022485
 
Counsel for Appellant :- C.S.C.
 
Counsel for Respondent :- Prashant Agarwal,Dharm Raj Misra,Ganesh Nath Mishra,Koushendra Pratap Singh
 

 
Hon'ble Rajan Roy,J.
 

Hon'ble Om Prakash Shukla,J.

[C.M. Application No.21088 of 2018 : Application for Condonation of Delay]

1. Heard learned Standing Counsel for State-appellants.

2. Cause shown in the affidavit filed in support of application for condonation of delay is sufficient.

3. Accordingly, application for condonation of delay is allowed and delay in filing appeal is hereby condoned.

[order on appeal]

4. By means of instant writ petition, the State-appellants has challenged the judgment dated 09.08.2017 passed by the writ Court in Writ Petition No.17976 (S/S) of 2017.

5. Considering the contention of appellant's counsel that the writ petition was decided on the first date itself without calling for a counter affidavit and had an opportunity being given to the State to file a counter affidavit as certain facts which were not disclosed by the respondent-petitioner and record which were in possession of the State would have been placed before the Court to demonstrate that the order rejecting the representation of the respondent-petitioner regarding alleged incorrect fixation of salary was correct, it would not have been interfered with.

6. As it appears that the judgment has been passed on merits on the first date itself without adequate opportunity to the State, therefore, only for this reason, we set aside the judgment dated 09.08.2017. Consequently, Writ Petition No.17976 (S/S) of 2017 is restored. It shall be listed before the appropriate Bench of this Court in the second week of July, 2024. In the meantime, the appellant shall file their counter affidavit positively in the said writ petition. Thereafter the petition be considered and decided at the earliest.

7. The Special Appeal is allowed accordingly.

[Om Prakash Shukla, J.] [Rajan Roy, J.]

Order Date :- 16.5.2024

Shubhankar