Allowed

Dharmjeet v. State of U.P. and 3 Others

Allahabad HC24 May 2022WRIC/3131/2022

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging the dismissal of an appeal on limitation grounds. The court held that the lower appellate authority erred in finding the appeal time-barred, noting the limitation period was suspended during the COVID-19 pandemic. The matter was remitted for a fresh order on merits.

What did the court decide?

Delay in filing appeal condoned; matter remitted to appellate authority to pass a fresh order on merits within three months.

Dharmjeet Vs State of U.P. and 3 Others — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 38

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Case :- WRIT - C No. - 3131 of 2022

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Petitioner :- Dharmjeet Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Mani Upadhyay,Bhanu Prakash Tiwari Counsel for Respondent :- C.S.C.,Pankaj Kumar Gupta

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Ram Mani Upadhyay, learned counsel for the petitioner, Sri Pankaj Kumar Gupta, learned counsel for the Gaon Sabha and learned Standing Counsel for the State-respondent.

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Present writ petition has been filed against the order dated 23.09.2021 passed by the appellate authority, whereby the petitioner's appeal filed under Section 13(3) of the UP Essential Commodities (Regulation of Sale & Distribution Control) Order, 2016 against the order dated 13.08.2020 cancelling the petitioner's fair price shop agreement, has been dismissed as time barred, by ten months.

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Undisputedly, the order impugned in the appeal was passed on 13.08.2020 that is during the time period when the period of limitation was generally suspended under the order of the Supreme Court and this Court, arising from the spread of the pandemic COVID-19. Then, it is also not disputed that the aforesaid appeal was filed by the petitioner on 01.07.2021 that is within the period of suspension of limitation granted by the Court. In view of the above, the reasoning of the appellate authority cannot be appreciated. The order dismissing the appeal on limitation is contrary to the law.

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Accordingly, the delay in filing the appeal is treated to be condoned and the matter is remitted to pass a fresh order on merits after hearing all necessary parties. Such exercise may be completed within a period of three months, subject to the petitioner not seeking any adjournment.

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In view of the above, the writ petition is allowed .

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Order Date :- 24.5.2022 S.Chaurasia

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Digitally signed by SHUBHAM CHAURASIA Date: 2022.05.25 09:29:53 IST Reason: Location: High Court of Judicature at Allahabad

Dharmjeet v. State of U.P. and 3 Others

Case brief

What is this about?

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Dharmjeet v. State of U.P. and 3 Others

Case brief

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