Allahabad High Court
State Of U.P. Thru. Addl. Chief Secy. ... vs Dr. Shailendra Kumar Mishra on 26 April, 2023
Author: Devendra Kumar Upadhyaya
Bench: Devendra Kumar Upadhyaya
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 203 of 2023 Appellant :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Ayush Anubhag-I Govt. U.P. Lko. And Others Respondent :- Dr. Shailendra Kumar Mishra Counsel for Appellant :- C.S.C. Counsel for Respondent :- Ashok Kumar Mishra Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Om Prakash Shukla,J.
(C.M. Application No.1 of 2023) Having heard the learned counsel representing the appellant-State authorities and having perused the affidavit filed in support of the application seeking condonation of delay in filing the special appeal, we are satisfied that the delay has sufficiently been explained.
Accordingly, the application is allowed and delay in preferring the special appeal is hereby condoned.
Order of Memo of Appeal By means of this intra-court appeal the appellants-State authorities have challenged an order dated 13.01.2021 passed by the learned Single Judge whereby Writ Petition No.18981 of (S/S) of 2020 has been disposed of with the direction to the State Government to consider the claim of the respondent-petitioner in the light of the judgment of Dr. Amrendra Narain Srivastava vs.State of U.P and others, decided on 01.03.2012 in Writ-A No.61974 of 2011. It has been informed by the learned counsel representing the appellants-State authorities that in compliance of the said order dated 13.01.2021 passed by the learned Single Judge, the State Government has taken a decision on 19.03.2021 whereby the representation of the respondent-petitioner has been decided. The said order dated 19.03.2021 is taken on record.
We have further been informed that the said order dated 19.03.2021 passed by the State Government has been challenged by the respondent by instituting Writ Petition before this Court.
In view of the aforesaid the special appeal has lost its eficacy. Hence, the special appeal is hereby dismissed as such.
Order Date :- 26.4.2023 akhilesh/