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2025 DAILYLAW 132430 (ALL)

STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF EDUCATION MADHYAMIK U.P. LKO. AND OTHERS v. DEEPAK PANDEY

SPLAD/144/2025 · 2025-04-09

Attau Rahman Masoodi, Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20079-DB Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 144 of 2025 Appellant :- State Of U.P. Thru. Prin. Secy. Deptt. Of Education Madhyamik U.P. Lko. And Others Respondent :- Deepak Pandey Counsel for Appellant :- C.S.C. Counsel for Respondent :- Rajesh Kumar Shukla Hon'ble Attau Rahman Masoodi,J. Hon'ble Rajeev Singh,J. 1. This intra-court appeal filed under Chapter VIII Rule V of Allahabad High Court Rules, 1952 is delayed by 902 days. The application seeking condonation of delay is supported with an affidavit. 2. Except the ministerial exercise of the file moving from one table to another, no plausible explanation has been offered in the affidavit filed in support of the application for condonation of delay. No explanation of delay even after receiving the legal opinion in the month of January, 2023. 3. Explanation by the State for the inordinate delay in instituting the proceeding arising out of the judgement and order passed by the writ court is not a mere formality. Plausible justification is bound to be existing for making a prayer seeking condonation of delay on day to day basis. 4. The routine explanation as is the case at hand does not persuade us to condone the delay, therefore, the application for condonation of delay in our humble consideration fails. 5. The application for condonation of delay is accordingly rejected and consequently the appeal also stands dismissed. (Rajeev Singh,J.) (Attau Rahman Masoodi,J.) Order Date :- 9.4.2025/Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench