Dismissed

State of U.P. and 31 Others v. Gyan Das and 28 Others

Allahabad HC25 Jul 2019SPLAD/668/2019

Case brief

AI extract

What is this about?

The High Court dismissed a special appeal filed by the State challenging a Single Judge's order directing a fresh decision on a specific matter. The Court held that since the State had already acted upon the earlier judgment, no cause of action survived for the appeal.

What did the court decide?

The special appeal is dismissed as no cause of action survives since the State had already acted upon the Single Judge's order.

State of U.P. and 31 Others Vs Gyan Das and 28… — Writ and Judicial Review | Allahabad HC (2019)

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Court No. - 55

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Case :- SPECIAL APPEAL DEFECTIVE No. - 668 of 2019

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Appellant :- State Of U.P. And 31 Others Respondent :- Gyan Das And 28 Others Counsel for Appellant :- Pankaj Rai Counsel for Respondent :- Anil Kumar Srivastava

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Hon'ble Vikram Nath,J. Hon'ble Pankaj Bhatia,J. Order on Civil Misc. Delay Condonation Application No. 1 of 2019

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Heard Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri Pankaj Rai, learned Additional Chief Standing Counsel for the State-appellants and Sri Anil Kumar Srivastava, learned counsel representing the private respondents.

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The explanation for the delay of 215 days has been satisfactorily explained.

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The delay is accordingly condoned.

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Application stands allowed.

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Order on Memo of Appeal

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Learned Single Judge vide judgment and order dated 19.11.2018 after recording the relevant facts and also the decision taken earlier in other petitions, quashed the order dated 6th July, 2018 and thereafter directed the State Government to take a fresh decision in the light of the discussion made in the order within a period of two months from the date of filing of certified copy of the order.

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Sri Anil Kumar Srivastava, learned counsel for the respondents placed before the Court copy of the Office Order dated 29th March, 2019 passed by the Secretary, Department of Panchayat Raj, in compliance to the direction issued by the learned Single Judge on 19.11.2018 and submitted that the State having

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accepted the judgment and order of the learned Single Judge and having acted upon it by taking a decision on 29th March, 2019, the filing of the present special appeal is for ulterior reasons in order to obviate the pending contempt proceedings before the Contempt Court. He also placed before us an order dated 16th May, 2019 passed by the Contempt Court in Contempt Application (Civil) No. 601 of 2019, wherein learned Additional Chief Standing Counsel prayed for one more opportunity to revisit the issue and want to pass fresh orders, as it was the submission of the counsel for the applicant before the Contempt Court that the order dated 29th March, 2019 i.e. the decision taken by the State Government pursuant to the judgment of the Writ Court is willful disobedience of the order of this Court.

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Sri M.C. Chaturvedi, learned Additional Advocate General submits that the Court may examine the correctness of the judgment and order of the learned Single Judge irrespective of the fact that the State had already acted upon it. As according to him, the writ petitioners and the applicants in the contempt application are not satisfied with the order dated 29th March, 2019.

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In view of the fact that the State Government has already taken a decision in pursuance of the directions given by the learned Single Judge, no cause of action survives for filing the present appeal. The appeal, thus, filed by the State, has no merits and is liable to be dismissed.

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The special appeal is, accordingly, dismissed.

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Order Date :- 25.7.2019 SR

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[Pankaj Bhatia, J.] .. [Vikram Nath, J.]

State of U.P. and 31 Others v. Gyan Das and 28 Others

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State of U.P. and 31 Others v. Gyan Das and 28 Others

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