Niraj Kumar Singh v. Anand Kumar Mishra and 4 Others

Court No. - 1

Case :- SPECIAL APPEAL DEFECTIVE No. - 554 of 2024

Appellant :- Niraj Kumar Singh Respondent :- Anand Kumar Mishra And 4 Others Counsel for Appellant :- Hari Prasad Gupta,Bhanu Pratap Singh,Durgesh Kumar Verma,Sandeep Kumar Ojha Counsel for Respondent :- Srideep Chatterjee,Amarjeet Singh Rakhra,C.S.C.,Shubham Tripathi

Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J.

1. The following order was passed by this court on 14.11.2024:-

"1. List this case on 25.11.2024 in the list of fresh cases.

2. By the next date fixed, the learned counsel for the University may apprise the Court as to the steps which the University intends to take as against the judgment impugned in this intra court appeal filed by a third party, whose locus to maintain the same is questionable. The decision taken by the University as to assailing the judgment passed against the University or otherwise, may be brought to the notice of the court."

2. Today, when the case was taken up Sri Anil Tiwari, learned Senior Advocate assisted by Sri Shubham Tripathi has prayed that the University would file objections against the application seeking leave to appeal as well as on application for condonation of delay. Insofar as the stand of the University is concerned, the University is stated to have complied with the judgment impugned herein and does not propose to file an intra court appeal against the same. On the one hand the initial action begins with proceedings initiated by the University, but at the same time objections against maintainability of appeal by filing objection against the application seeking leave to appeal has been prayed for.