Disposed

Smt Rinki Singh v. State of Up and 3 Others

Allahabad HC15 Oct 2024WRIC/26239/2024

Case brief

AI extract

What is this about?

The writ petition sought restoration of an appeal dismissed for non-appearance. The High Court set aside the appellate order and restored the appeal subject to the petitioner depositing Rs. 5,000 as costs within 15 days, directing the appellate authority to hear the matter on merits.

What did the court decide?

Appeal restored; writ petition disposed of subject to deposit of Rs. 5,000 costs.

Smt Rinki Singh vs State of Up and 3 Others — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:164081

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Court No. - 33

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Case :- WRIT - C No. - 26239 of 2024

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Petitioner :- Smt Rinki Singh Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Sudhir Kumar Singh Counsel for Respondent :- C.S.C.

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Hon'ble Vikram D. Chauhan,J.

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It is submitted by learned counsel for the petitioner that the fair price shop of the petitioner was cancelled, against which an appeal was filed by the petitioner, which was dismissed on 13.3.2024 by the appellate authority on account of non presence of the petitioner. He next submits that the appellate authority has not decided the case on merits.

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A perusal of the order dated 13.3.2024 shows that the appeal is of the year 2018.

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Learned counsel for the petitioner submits that the petitioner should be given an opportunity to argue the appeal so that the interest of justice could be served. He further submits that in order to show the bonafide the petitioner is ready to deposit a sum of Rs. 5000/- with the appellate authority towards the costs and the appeal may be restored.

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Learned Standing Counsel submits that subject to costs he would have no objection for the restoration of the appeal.

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In view of the facts and circumstances of the case and the fact that the appeal has not been decided on merits and subject to deposit the costs of Rs. 5000/- with the appellate authority. The appeal of the petitioner is restored to its original number and the

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order dated 13.3.2024 passed by the appellate authority is set aside.

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The petitioner shall deposit the costs of Rs. 5000/- within 15 days from today with the appellate authority along with certified copy of the order, thereafter the appellate authority shall fix a date for hearing of the appeal and pass appropriate order in the time bound manner.

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The writ petition is disposed of accordingly.

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Order Date :- 15.10.2024 Faridul

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Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad

Smt Rinki Singh v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Smt Rinki Singh v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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