Allowed

Rakesh Kumar Ram v. State of U.P. and 2 Ors.

Allahabad HC14 Sept 2018SPLAD/617/2018

Case brief

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What is this about?

Special Appeal alleging that the impugned single Bench order dismissing the writ petition without assigning reasons was bad in law. Appeal allowed, order set aside, and matter remanded for fresh adjudication.

What did the court decide?

The appeal allowed; the order dated 14 December 2017 set aside; the writ petition remanded to the learned single Bench for adjudication afresh; the interim order restored.

Rakesh Kumar Ram Vs State of U.P. and 2 Ors. — Civil Procedure and Limitation | Allahabad HC (2018)

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Court No. - 21

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Case :- SPECIAL APPEAL DEFECTIVE No. - 617 of 2018

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Appellant :- Rakesh Kumar Ram Respondent :- State Of U.P. And 2 Ors. Counsel for Appellant :- Bal Krishna Rai Counsel for Respondent :- C.S.C.

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Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.

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This appeal is barred by limitation from 204 days.

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Having considered the facts stated in the application seeking condonation of delay, we are satisfied that the appellant had justifiable reason to state that for a bonafide reason, he was prevented form filing the appeal in time, accordingly, the delay in filing the appeal is condoned.

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This appeal is preferred to question correctness of the order dated 14th December, 2017 passed by learned single Bench in Writ A-No. 42806 of 1999.

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Under the order aforesaid, learned single Bench dismissed the petition for writ by arriving at the conclusion that "petitioner is not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for".

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Learned single Bench dismissed the petition for writ in absence of the counsel for the appellant-petitioner as he failed to appear before the Court though the matter was called in second round.

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In appeal, the submission of learned counsel for the appellant-petitioner is that learned single Bench could have dismissed the petition for writ in default or for the want of prosecution but if any merits were examined, then it was necessary to give reasons for not accepting the contentions raised on behalf of the appellant-petitioner in petition for writ.

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Heard learned counsel appearing on behalf of the appellant and learned Standing Counsel for the respondents.

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From perusal of the order impugned, it is apparent that learned single Bench arrived at the conclusion that no case is made out for interference without assigning any reasons. It is well settled that while disposing of a petition

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for writ after its adjudication on merits, the writ Court is required to give reasons in support of its findings. No such reasons in the instant matter are given. The order impugned as such is apparently bad.

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Accordingly, the appeal is allowed. The order dated 14th December, 2017 is set aside. The petition for writ is remanded to the learned single Bench for its adjudication afresh.

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Interim order that was already in operation till dismissal of the writ petition shall also stand restored.

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Order Date :- 14.9.2018 Rameez

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(Chandra Dhari Singh,J.) (Govind Mathur,J.)

Rakesh Kumar Ram v. State of U.P. and 2 Ors.

Case brief

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Rakesh Kumar Ram v. State of U.P. and 2 Ors.

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