Dismissed

The State of U.P. and Another v. Surya Prakash Rai and Another

Allahabad HC6 Aug 2020SPLAD/338/2020

Case brief

AI extract

What is this about?

Special Appeal challenging a Writ Petition judgment was dismissed as barred by limitation. The court observed that the applicant failed to provide day-to-day reasons for the six-month-plus delay, rendering the condonation application vague and untenable.

What did the court decide?

Special Appeal dismissed as barred by limitation due to insufficient explanation of delay.

The State of U.P. and Another Vs… — Constitutional and Fundamental Rights | Allahabad HC (2020)

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Chief Justice's Court

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Case :- SPECIAL APPEAL DEFECTIVE No. - 338 of 2020

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Appellant :- The State Of U.P. And Another Respondent :- Surya Prakash Rai And Another Counsel for Appellant :- Mata Prasad Counsel for Respondent :- Bhagwan Dutt Pandey

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Hon'ble Govind Mathur,Chief Justice Hon'ble Samit Gopal,J.

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Heard learned counsel for the parties.

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This appeal is for questioning the correctness of the judgement dated 29th of May, 2018 passed by learned Single Bench in Civil Misc. Writ Petition No. 73647 of 2010 (Surya Prakash Rai vs. State of U.P. and others).

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This appeal is barred by limitation from 655 days. An application is preferred under Section 5 of Limitation Act to have condonation of the same. The application is supported by an affidavit sworn by Sri Ashok Kumar Singh, District Inspector of Schools, Maharajganj.

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It is stated in the affidavit that opinion was sought on 10th of January, 2020 pertaining to the judgement dated 29.5.2018 and that was given by the office of Chief Standing Counsel on 14th of January, 2020 and permission for filing appeal was given on 27th of February, 2020. The appeal was then filed before the Court on 3rd of March, 2020. Explanation was not given as to why the first date by which opinion was sought at the first instance on 10th of January, 2020 i.e. after a lapse of more than one year and seven months from the date of disposal of a writ petition.

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It is well settled that the person demanding condonation of delay in filing appeal is required to explain the cause of delay on day to day basis. In the case in hand what to talk of explanation on day to day basis, no reason has been given as to what happened during the period commencing

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from 29th of May, 2018 to 10th of January, 2020. As a matter of fact, the application is absolutely vague being not containing any reason to have condonation of delay in filing the appeal.

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The appeal hence, is dismissed being barred by limitation.

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Order Date :- 6.8.2020 Naresh

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(Samit Gopal, J.) (Govind Mathur, C.J.)

The State of U.P. and Another v. Surya Prakash Rai and Another

Case brief

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The State of U.P. and Another v. Surya Prakash Rai and Another

Case brief

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What the court decided

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