Petitioner sought relief based on a Special Appeal holding benefits limited to those short one mark. The court noted the petitioner was not a party to that appeal and consequently denied relief.
Petitioner is not entitled to the benefit of the Special Appeal judgment as he was not a party to it. Petition dismissed.
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Court No. - 32
Case :- WRIT - A No. - 3975 of 2022
Petitioner :- Ashok Kumar Respondent :- The State Of U P And 2 Others Counsel for Petitioner :- Javed Raza
Hon'ble Siddharth,J.
The petitioner has approached this court praying for grant of relief as per judgment passed in Special Appeal (Defective) No. 343 of 2021 (Abhishek Srivastava and 14 others vs. State of U.P. and others).
In the aforesaid judgment special appeal court has clearly held that the benefit of the judgment shall only be given to the appellant and the writ petitioner if they are short of one mark and not to others. Petitioner has not claimed that he was either the petitioner or appellant in the special appeal aforesaid. Therefore, in view of the aforesaid Division Bench judgment no relief can be granted to the petitioner.
The petition is accordingly, dismissed .
Order Date :- 11.4.2022 Rohit
Digitally signed by ROHIT DAS Date: 2022.04.11 13:24:48 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether relief claimed based on the benefit of the Special Appeal No. 343 of 2021 can be granted to a petitioner who was not a party to said appeal.
Colour shows how this judgement treated each authority
Abhishek Srivastava and 14 others vs. State of U.P. and othersFollowed¶6
Special Appeal (Defective) No. 343 of 2021 (Abhishek Srivastava and 14 others vs. State of U.P. and others)
Ashok Kumar
The State Of U P
2 Others
Siddharth,J.
As recorded by the court registry
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