Partly allowed¶9

Pankaj Kumar Singh v. State of U.P. and 4 Others

Allahabad HC22 Jan 2025WRIC/2098/2025

Case brief

AI extract

What is this about?

Condonation of delay; appeal rejected on ground of limitation; delay of 55 days in filing appeal; order appealed against dated 29.01.2024; rejection order referred to as dated 13.12.2024 by counsel; order dated 31.12.2024 of District Magistrate, Varanasi set aside; remand for decision afresh on merit without limitation objection; writ petition partly allowed; Gaon Sabha; State of U.P.; WRIT - C 2098 of 2025; 2025:AHC:11272; Allahabad High Court; Vikram D. Chauhan, J.; 22.1.2025.

What did the court decide?

Writ petition partly allowed; order dated 31.12.2024 of respondent no. 2 District Magistrate, Varanasi set aside; matter remanded to the appellate court/respondent no. 2 District Magistrate, Varanasi for decision afresh on the merit of the appeal without going into the question of limitation. ¶9

Pankaj Kumar Singh vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶9

Issue for consideration

Whether the appellate court's rejection of the petitioner's appeal on the ground of limitation (delay of 55 days) should be undone and the appeal decided afresh on its merit without going into the question of limitation.

¶7

Court's answer

Considering the fact that there is delay of 55 days in filing the appeal and in view of the submission made by learned counsel for the petitioner, the writ petition is partly allowed.

¶9

Ratio / Principle

The Court set aside the order dated 31.12.2024 passed by the respondent no. 2 District Magistrate, Varanasi.

¶9

Key takeaways

The Court remanded the matter to the appellate court/respondent no. 2 District Magistrate, Varanasi for decision afresh on the merit of the appeal without going into the question of limitation.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vikram D. Chauhan, J.) — WRIT - C No. - 2098 of 2025 — Pankaj Kumar Singh v. State Of U.P. And 4 Others — decided 22.1.2025 (Neutral Citation 2025:AHC:11272). The petitioner's appeal, preferred against an order dated 29.01.2024, was rejected on the ground of limitation, there being a delay of 55 days which the petitioner stated he could not trace out; learned counsel submitted that the delay was bonafide and ought to have been condoned. Considering the delay of 55 days and counsel's submissions, the Court partly allowed the writ petition, set aside the order dated 31.12.2024 passed by the respondent no. 2 District Magistrate, Varanasi, and remanded the matter to the appellate court/respondent no. 2 District Magistrate, Varanasi for decision afresh on the merit of the appeal without going into the question of limitation.

Pankaj Kumar Singh v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Pankaj Kumar Singh v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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