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2025 DAILYLAW 132889 (ALL)

CHANDRA SHEKHAR AZAD UNIVERSITY OF AGRICULTURE AND TECHNOLOGY THRU.ITS VICE CHANCELLOR AND 3 OTHERS v. MUKESH SINGH AND 3 OTHERS

SPLAD/149/2025 · 2025-04-09

Attau Rahman Masoodi, Rajeev Singh

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19932-DB Court No. - 1 Case :- SPECIAL APPEAL DEFECTIVE No. - 149 of 2025 Appellant :- Chandra Shekhar Azad University Of Agriculture And Technology Thru.Its Vice Chancellor And 3 Others Respondent :- Mukesh Singh And 3 Others Counsel for Appellant :- Ran Vijay Singh Counsel for Respondent :- Yadukul Shiromani Srivastava (Y.S.Lohit),C.S.C.,Rajendra Singh Hon'ble Attau Rahman Masoodi,J. Hon'ble Rajeev Singh,J. C.M. Application No. IA/1/2025 (Application for condonation of delay). 1. The present application has been filed with the prayer to condone the delay in filing the present appeal. 2. Cause shown in the affidavit filed in support of present application is sufficient. 3. Accordingly, the delay condonation application is allowed and the delay in filing the appeal is hereby condoned. (Order on appeal) 1. Heard learned counsel for the appellant and learned counsel for the respondent. 2. The present appeal has been filed with the prayer to set aside the order dated 30.04.2024 passed by the Writ Court in Writ A No.3194 of 2024, Mukesh Singh Vs. State of U.P. and others. 3. On a plain reading of the order impugned herein, we find that the Writ Court for the purposes of grant of interim protection has extended the benefit of judgment and order dated 17.05.2023 passed by a Coordinate Bench of this Court in Writ- A No. 7847 of 2022 against which Special Leave Petition filed before Hon'ble the Apex Court was rejected. Unless the controversy is finally adjudicated upon, no intervention is called for against the impugned order dated 30.04.2024 passed by the Writ Court. 4. At this stage, learned counsel for the appellant has stated that counter affidavit has already been filed along with the stay vacation application before the Writ Court, to which learned counsel for the respondents undertakes to file rejoinder affidavit within three weeks. 5. Let the pleadings be exchanged before the Writ Court and on exchange of pleadings, it is requested that the Writ Court shall decide the writ petition finally on its own merit. 6. With the aforesaid observations, the Special Appeal is disposed of. (Rajeev Singh,J.) (Attau Rahman Masoodi,J.) Order Date :- 9.4.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench