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2025 DAILYLAW 107473 (ALL)

DR USHA JANGIR v. THE UNION OF INDIA AND 3 OTHERS

WRIA/20879/2024 · 2025-02-16

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22070 Court No. - 10 Case :- WRIT - A No. - 20879 of 2024 Petitioner :- Dr Usha Jangir Respondent :- The Union Of India And 3 Others Counsel for Petitioner :- Mayank Yadav Counsel for Respondent :- A.S.G.I.,Ashish Kumar Ojha,Vinay Kumar Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Mayank Yadav, learned counsel for petitioner, Sri Vinay Kumar Singh, Advocate for Respondent-Union of India and Sri Ashish Kumar Ojha, Advocate for Respondents-2 and 3. 2. Learned counsel for parties submit that this matter may be disposed of in terms of order passed by this Court in bunch of writ petitions, leading being Writ-A No. 957 of 2025 (Dr. Abhimanyu Arjun Kothule and others vs. Union of India and others), Neutral Citation No. 2025:AHC:14692. For reference said order is reproduced hereinafter: “Heard S/Sri Udayan Nandan, Devaang Savla and Shubham, learned counsels for petitioner, Sri Ashish Kumar Ojha, learned counsel for respondent Nos. 2 to 4, S/Sri Vinay Kumar Singh and Rajesh Tripathi, learned counsel for Union of India. In order to avoid any further ambiguity and since it has been informed to this Court that some of petitioners and other aggrieved persons have filed first appeal against impugned order which are rejected and some of effective persons have filed second appeal which are still pending, whereas some of petitioners have approached directly before this Court and, therefore, the fair submission of counsels for petitioner is accepted that petitioners who have still not filed first appeal in terms of relevant provisions be permitted to file first appeal within two weeks, which shall be decided thereafter within two weeks. It is further observed that appeals be decided on its own merit and may not be rejected only on ground that some earlier first appeals were rejected, if facts so warrants. So far as, petitioners who have approached this Court at the stage of rejection of first appeal, they are permitted to file second appeal if so advised. The second appeal can be filed within six weeks which will be decided on basis of merit of case thereafter within a short period. Opening of portal will remain subject to outcome of first appeal and second appeal, as the case may be. Accordingly, writ petitions are disposed of with aforesaid observation.” 3. In aforesaid circumstances, this writ petition is disposed of in terms of above referred order passed in Dr. Abhimanyu Arjun Kothule (supra). It is also observed that first appeal of petitioner be not rejected on ground of limitation if it is beyond the period, provided under relevant provision. Order Date :- 17.2.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad