Special Appeal No. 460 of 2006 dismissed. The High Court upheld the dismissal of a writ petition by the learned Single Judge due to an unexplained delay of nearly 13 years in filing, with no justification provided.
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Court No. - 2
Case :- SPECIAL APPEAL No. - 460 of 2006
Appellant :- Mahesh Pal Singh Sers 1955/1998 Respondent :- State Of U.P. Thru Secy. Minor Irrigation And 5 Ors. Counsel for Appellant :- B.B. Nigam Counsel for Respondent :- C.Sc..
Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Saurabh Srivastava,J.
This special appeal filed under Chapter VIII Rule-5 of the Rules of the Court challenges the order dated 17.11.2005 passed by learned Single Judge whereby Writ Petition No.1955 (MS) of 1998 filed by the appellant -petitioner was dismissed on the ground that the petition was filed after unexplained gap of nearly 13 years and that no justification for the said delay has been offered by the appellant-petitioner.
Even before us nothing has been brought on record which may construe any justification for filing the writ petition after 13 years.
We are in complete agreement to the order passed by learned Single Judge.
Special appeal is thus dismissed .
Order Date :- 14.12.2022 RS
Digitally signed by RAKESH SINGH Date: 2022.12.22 13:39:13 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether a writ petition filed after an unexplained delay of nearly 13 years should be dismissed.
Whether any justification for the delay was offered by the appellant-petitioner.
Mahesh Pal Singh Sers
State Of U.P. Thru Secy. Minor Irrigation And 5 Ors.
Devendra Kumar Upadhyaya
Saurabh Srivastava
As recorded by the court registry
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