Rajaram Rathor and 4 Others Vs District Administrative Committee, Kanpur Dehat and 3 Others — Allahabad HC (2025) — LawSathi Research

Rajaram Rathor and 4 Others Vs District Administrative Committee, Kanpur Dehat and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Special appeal allowed; order of the learned Single Judge dated 5.2.2025 set aside; writ petition restored to its original number upon furnishing proof of deposit of Rs. 5,000/- cost before the Secretary, High Court Legal Services Authority; no further indulgence to petitioner or counsel; matter to be taken up for hearing at the earliest convenience of the learned Single Judge.

Issue for consideration

Whether the special appeal should be allowed and the learned Single Judge's order dismissing restoration application no. 13 of 2024 set aside, so that the writ petition (pertaining to the year 1986, earlier dismissed twice in default) is restored to its original number and considered on merits, subject to deposit of cost by the appellant.

Court's answer

Since the writ petition had been dismissed twice in default, the Division Bench deemed it appropriate to allow the present appeal and set aside the order of the learned Single Judge, but only on deposit of cost of Rs. 5,000/- by the appellant before the Secretary, High Court Legal Services Authority.

Ratio / Principle

The writ petition shall be restored to its original number upon furnishing proof of deposit of the cost amount.

Key takeaways

No further indulgence would be granted to the petitioner or his counsel, and the matter shall be taken up for hearing at the earliest convenience of the learned Single Judge.ratio¶10
To facilitate consideration of the cause on merits, the Division Bench set aside the order dated 5.2.2025 passed by the learned Single Judge.ratio¶10

Detailed headnote1 paragraphs

Special Appeal No. 133 of 2025 (Rajaram Rathor v. District Administrative Committee, Kanpur Dehat) — Allowed. The Division Bench (Ashwani Kumar Mishra and Donadi Ramesh, JJ.) held that since the writ petition, pertaining to the year 1986 and challenging removal of the petitioner on a charge of embezzlement, had been dismissed twice in default, it was appropriate to allow the appeal and set aside the learned Single Judge's order dated 5.2.2025 dismissing restoration application no. 13 of 2024, conditioned on the appellant depositing Rs. 5,000/- as cost before the Secretary, High Court Legal Services Authority. The petition stands restored to its original number upon furnishing proof of deposit, with a clear direction that no further indulgence will be granted and the matter shall be taken up for hearing at the earliest convenience of the learned Single Judge.

Neutral Citation No. - 2025:AHC:35975-DB

Court No. - 29

Case :- SPECIAL APPEAL No. - 133 of 2025

Appellant :- Rajaram Rathor And 4 Others Respondent :- District Administrative Committee, Kanpur Dehat And 3 Others Counsel for Appellant :- Alok Tripathi Counsel for Respondent :- Satyam Singh

Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J.

This appeal arises out of judgment and order passed by the learned Single Judge on 5.2.2025 dismissing the restoration application no.13 of 2024. Learned Single Judge has observed that the matter pertains to the year 1986 and no good cause for absence of learned counsel for the petitioner on 30.9.2024 has been shown.

Learned counsel for the appellant submits that the petition itself has been filed challenging an order removing the petitioner on the charge that petitioner is guilty of embezzlement without holding any enquiry. It is submitted that various questions have been raised in the writ petition which require consideration.

Although the matter is taken in the revised list and copy of the special appeal has been served on the counsel for the respondent but none appears on their behalf when the matter is called out. The appellant has stated that the message with regard to listing of matter was not received by learned counsel for the appellant. It is submitted that matter otherwise requires consideration on merits.

Considering the fact that petition has been dismissed twice in default we deem it appropriate to allow the present appeal and set aside the order of learned Single Judge only on deposit of cost of Rs.5,000/- by the appellant before Secretary, High Court Legal Services Authority.

The petition shall be restored to its original number upon furnishing proof of deposit of such amount. We also make it clear that no further indulgence would be granted to the petitioner or his counsel and the matter shall be taken up for hearing at the earliest convenience of learned Single Judge. In order to facilitate consideration of cause on merits, we set aside the order dated 5.2.2025 passed by the learned Single Judge.

Order Date :- 11.3.2025 RA

Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad