Dismissed¶9

State of U.P. Thru. Prin. Secy. Deptt. of Education Madhyamik U.P. Lko. and Others v. Deepak Pandey

Allahabad HC9 Apr 2025SPLAD/144/2025

Case brief

AI extract

What is this about?

Condonation of delay refused for 902-day-delayed intra-court special appeal (Chapter VIII Rule V, Allahabad High Court Rules 1952) by State of U.P. against a Lucknow Bench writ court judgment/order; affidavit gave only ministerial file-movement explanation, none after January 2023 legal opinion; State's delay explanation held not a mere formality, plausible justification required; appeal dismissed; bench Attau Rahman Masoodi and Rajeev Singh JJ; dated 9.4.2025; neutral citation 2025:AHC-LKO:20079-DB.

What did the court decide?

Apart from the ministerial movement of the file from table to table, no plausible explanation for the delay was offered in the affidavit supporting the condonation application. ¶6

State of U.P. Thru. Prin. Secy. Deptt. of Education Madhyamik U.P. Lko. and Others Vs Deepak Pandey — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶9

Issue for consideration

Whether the application seeking condonation of the 902-day delay in instituting the intra-court special appeal should be accepted.

¶5

Court's answer

Apart from the ministerial movement of the file from table to table, no plausible explanation for the delay was offered in the affidavit supporting the condonation application.

¶6

Ratio / Principle

There was no explanation of the delay even after receiving the legal opinion in January 2023.

¶6

Key takeaways

A State's explanation for inordinate delay in instituting a proceeding arising from a writ court's judgment and order is not a mere formality; plausible justification must exist for a prayer for condonation made on a day-to-day basis.ratio¶7
The routine explanation offered does not persuade the Court to condone the delay; the application for condonation of delay fails.ratio¶8
The application for condonation of delay is rejected and, consequently, the appeal stands dismissed.

Detailed headnote1 paragraphs

Special Appeal Defective No. 144 of 2025 (State of U.P. through Principal Secretary, Department of Education (Madhyamik) and others v. Deepak Pandey), High Court of Judicature at Allahabad, Lucknow Bench (Attau Rahman Masoodi and Rajeev Singh, JJ.), order dated 9.4.2025. Intra-court appeal filed under Chapter VIII Rule V of the Allahabad High Court Rules, 1952 against a writ court judgment and order was delayed by 902 days. The affidavit supporting condonation offered no plausible explanation beyond ministerial movement of the file, and no explanation even after legal opinion was received in January 2023. The Court holds that a State's explanation for inordinate delay in instituting proceedings arising from a writ court judgment is not a mere formality and plausible justification must exist for such a prayer; the routine explanation did not persuade the Court. The condonation application was rejected and the appeal dismissed. Neutral citation printed: 2025:AHC-LKO:20079-DB.

State of U.P. Thru. Prin. Secy. Deptt. of Education Madhyamik U.P. Lko. and Others v. Deepak Pandey

Case brief

What is this about?

What did the court decide?

State of U.P. Thru. Prin. Secy. Deptt. of Education Madhyamik U.P. Lko. and Others v. Deepak Pandey

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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