M/S KALIYAR DARBAR AND COMPANY THRU. PROPRIETOR MOHD. ASIF v. STATE OF U.P. Thru. SECY. AGRICULTURAL DEPTT. LKO. AND 2 OTHERS
WRIC/789/2025 · 2025-01-28
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 119871 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 119871 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:5638 Court No. - 7 Case :- WRIT - C No. - 789 of 2025 Petitioner :- M/S Kaliyar Darbar And Company Thru. Proprietor Mohd. Asif Respondent :- State Of U.P. Thru. Secy. Agricultural Deptt. Lko. And 2 Others Counsel for Petitioner :- Anand Pal Singh Counsel for Respondent :- C.S.C.,Naresh Chandra Mehrotra Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the petitioner, Ms. Anita Yadav, Advocate holding brief of Sri Naresh Chandra Mehrotra, learned counsel for the respondent and perused the record.
2. The present petition has been filed by the petitioner challenging the order dated 20.12.2024 whereby the appeal preferred by the petitioner was dismissed on the ground of limitation.
3. The contention of the counsel for the petitioner is that no hearing was granted prior to passing of the order dated 20.12.2024 and in any case the petitioner had filed an application for accepting of appeal beyond the period of limitation.
4. The counsel for the respondent has no objection if the matter is remanded for consideration afresh after giving an opportunity of hearing.
5. In view of the said statement, the impugned order dated 20.12.2024 is quashed and the matter is remanded to the appellate authority to pass order on the delay condonation application after giving an opportunity of hearing to the petitioner in accordance with law. The petitioner would be at liberty to file a better application for condonation of delay.
6. The petition is disposed of in terms of the above. Order Date :- 28.1.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench