AKHAND PRATAP SINGH v. STATE OF U.P. THRU. PRIN. SECY. REVENUE U.P. LKO. AND 2 OTHERS
WRIA/3529/2025 · 2025-04-03
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131000 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131000 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 8 Case :- WRIT - A No. - 3529 of 2025 Petitioner :- Akhand Pratap Singh Respondent :- State Of U.P. Thru. Prin. Secy. Revenue U.P. Lko. And 2 Others Counsel for Petitioner :- Sanjay Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of the State respondent has been accepted by the office of Chief Standing counsel. By means of the instant petition, the petitioner assails the order dated 06.02.2025 whereby the representation moved by the petitioner has been rejected. Submission of learned counsel for the petitioner is that earlier he had preferred Writ A no.10147 of 2024 (Akhand Pratap Singh vs State of U.P and Ors) whereby a coordinate Bench of this Court by means of the order dated 25.10.2024 had disposed of the petition with a direction to the respondent no.2 to consider and decide the pending representation of the petitioner within two months from the date of receipt of representation. It is urged that in furtherance thereof, the impugned order dated 06.02.2025 had been passed and while rejecting the representation of the petitioner, recourse has been taken to a Government Order of 2017 and 30.05.2008 and it has been held that the relaxation in age which was granted by an earlier Government Order has been rescinded. It is further urged that it is absolutely misconceived in as much as the subsequent Government Order dated 22.02.2019 wherein clear directions have been issued considering the people who had crossed the age bar by giving them necessary relaxation of age and a copy of which has been brought on record as Annexure no.6, has not been taken note of which has given rise to a completely illegal
order. Learned Additional Chief Standing submits that admittedly the Government Order dated 22.02.2019 which gives the power to grant relaxation in the age, a copy of which has been brought on record as Annexure no.6, has not been considered by the authorities while passing the impugned order. However, it could not be disputed that the Government Order dated 22.02.2019 should have been considered before deciding the representation
of the petitioner. Considering the undisputed stand of the parties, this Court is of the opinion that no gainful purpose would be served in keeping the writ petition pending by calling for a counter affidavit as there is an error apparent on the face of record as the representation of the petitioner has been decided without considering the relevant Government Order dated 22.02.2019. In view of the aforesaid, the impugned order dated 06.02.2025 is hereby quashed and set aside. The authorities shall consider and pass speaking order taking note of Government Order dated 22.02.2019 and revisit the representation of the petitioner, preferably, within a period of three weeks from the date of copy of this order is placed before the authority concerned and inform the petitioner of its outcome. With the aforesaid, the petition is allowed. Costs are made easy.
Order Date :- 3.4.2025 Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench