Court condoned delay in filing Special Appeal DA No. 116 of 2020. However, declared the appeal infructuous and dismissed it as the impugned order was previously set aside in Special Appeal No. 73 of 2020.
Delay condoned; Special Appeal dismissed as infructuous.
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RESERVED JUDGMENT Reserved on: 17.01.2023 Delivered on: 02.03.2023
Court No. - 1
Case :- SPECIAL APPEAL DEFECTIVE No. - 116 of 2020
Appellant :- Rakesh Kumar Respondent :- State Of U.P. Through Secretary Revenue And 5 Others
Counsel for Appellant :- Anurodh Kumar Srivastava Counsel for Respondent :- C.S.C.,Avinash Tiwari
Hon'ble Ramesh Sinha,J. Hon'ble Subhash Vidyarthi,J.
( C.M.A. No. 28367 of 2020 )
This is an application for condonation of delay in filing the special appeal.
Heard Shri Anurodh Kumar Srivastava, learned counsel for the appellant, Shri Amitabh Kumar Rai, Addl. Chief Standing Counsel for the State-Respondent and Shri Avinash Tiwari, learned counsel for the respondent.
Cause shown for the delay in filing the appeal is sufficient. The application is allowed . Delay is condoned.
( Order on Appeal )
The instant appeal has been filed by the appellant Rakesh Kumar against the judgment and order dated 6.11.2019 passed by the Hon’ble Single Judge in Writ Petition No. 29563 of 2018.
The appellant was not a party to the writ petition and he has not filed any application seeking seave to file appeal. The respondent nos. 4 to 6 have filed objections/short counter affidavit, to which no reply has been filed by the appellant, however, without going into the aforesaid questions, as the judgment and order dated 6.11.2019 passed in the Writ Petition No. 29563 of 2018 has been set aside by our order of date passed in Special Appeal No. 73 of 2020, the instant appeal has become infructuous and the same is dismissed accordingly.
( Subhash Vidyarthi, J. ) ( Ramesh Sinha, J. )
Order Date :- 02.03.2023 A.Nigam
Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench
Rakesh Kumar
State Of U.P. Through Secretary Revenue And 5 Others
Ramesh Sinha
Subhash Vidyarthi
As recorded by the court registry
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