Allahabad High Court
Lal Barti And 4 Others vs State Of U.P. And 2 Others on 22 March, 2021
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 36 Case :- WRIT - A No. - 3524 of 2021 Petitioner :- Lal Barti And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Sagar Yadav Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioners and Sri Suryabhan Singh, learned Standing Counsel for the State.
Petitioners are before this Court assailing the order impugned dated 5.1.2016 only in respect of petitioners passed by the third respondent (Annexure No. 4 to the writ petition). With a further request to issue a mandamus restraining the respondents not to make any interference into discharging the duties to the petitioners pursuant to Vanadesh Sankhya-08/10 and Vanadesh Sankhya-09/10 dated 22.9.2015.
At the very outset, learned counsel for the petitioners submits that the controversy raised in the present petition has already been adjudicated by this Court in Writ Petition No.4272 of 2016 vide judgment dated 28.01.2020, wherein, this Court has relied upon the judgment of the Supreme Court in the case of Sabha Shanker Dube vs. Divisional Forest Officer & Others, delivered in Civil Appeal No. 10956 of 2018 on 14.11.2018 to hold that order impugned is illegal. He submits that another Writ Petition No. 30891 of 2017 which is raising the similar issue has also been allowed vide order dated 20.1.2021 on same terms, as such, the present writ petition is liable to be entertained. In case there is some inordinate delay, the same is bona fide and is liable to be condoned.
So far as learned Standing Counsel only objection is being raised qua to the delay and laches.
In the facts and circumstances, once Writ A No. 30891 of 2017 has been allowed vide order dated 20.1.2021 relying upon the judgment passed by this Court, in such situation, the Court is of the opinion that the relief as has been asked cannot be rejected only on the ground of delay and laches.
For the reasons recorded in the judgment dated 28.01.2020, this writ petition also succeeds and is allowed on same terms. Order impugned dated 5.1.2016 only in respect of petitioners is quashed.
Order Date :- 22.3.2021 A.K.Srivastava