Allahabad High Court
State Of U.P. Thru' Principal Secy ... vs Surendra Kumar Singh Rathore & Others on 7 January, 2010
Bench: Chandramauli Kumar Prasad, Pankaj Mithal
Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 482 of 2009 Petitioner :- State Of U.P. Thru' Principal Secy (Home) And Others Respondent :- Surendra Kumar Singh Rathore & Others Petitioner Counsel :- M.C. Chaturvedi,S.C. Respondent Counsel :- Babu Ram Yadav,Vikas Budhwar Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Pankaj Mithal,J.
Order on Civil Misc. Delay Condonation Application No. 52357 of 2009 This application has been filed for condoning the delay in filing the appeal.
According to Stamp Reporter, the appeal is barred by limitation by184 days.
Various reasons, which prevented the applicants from filing the appeal within time, have been enumerated in the affidavit filed in support of the application.
We are satisfied that the same constitute sufficient cause for condoning the delay in filing the appeal.
Accordingly, delay in filing the appeal is condoned.
Application stands allowed.
Order on the memo of appeal Respondents-appellants, aggrieved by the order dated 4.9.2008 passed by a learned Single Judge in writ petition no. 67825 of 2005, have preferred this appeal under Rule 5 Chapter VIII of the High Court Rules.
Mr. Piyush Shukla, Standing counsel appears for the appellants and the respondents are represented by Mr. Vikas Budhwar.
The writ petition no. 67825 of 2005 was disposed of along with writ petition no. 44344 of 2006.
A Division Bench of this Court had the occasion to consider the validity of the order dated 4.9.2008 passed in writ petition no. 44344 of 2006 in Special Appeal (D) 8970 of 2009 State of U.P. and others Vs. Anand Kumar Mishra and others and said appeal had been dismissed by order dated 6.8.2009.
In view of the aforesaid, this appeal will meet the same fate.
It is dismissed accordingly.
Order Date :- 7.1.2010 SKS (Pankaj Mithal,J.) (C.K. Prasad, C.J.)