MITHUN KUMAR v. STATE OF U.P. THRU.PRIN.SECY.FOOD andCIVIL SUPPLIES LKO. andORS.
WRIC/23789/2020 · 2025-01-07
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135322 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135322 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1141 Court No. - 7 Case :- WRIT - C No. - 23789 of 2020 Petitioner :- Mithun Kumar Respondent :- State Of U.P. Thru.Prin.Secy.Food Andcivil Supplies Lko. Andors. Counsel for Petitioner :- Gaurav Mehrotra,Utsav Mishra Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Heard Shri Ahad, learned counsel for the petitioner and learned Standing Counsel for the State.
2. Present petition has been filed challenging the order dated 06.10.2020 whereby the appeal preferred by the petitioner was dismissed on the ground of delay of two years.
3. Contention of learned counsel for the petitioner is that while deciding the delay condonation application, no reasons whatsoever have been recorded. It is further argued that statutory right has been denied to the petitioner by taking a narrow view.
4. Considering the fact that the shop of the petitioner was cancelled and the appeal preferred had to be heard as per the statute, the view taken by the appellate authority cannot be sustained, as such, the appellate order dated 06.10.2020 is set aside.
5. Matter is remanded to the appellate authority to decide the appeal on merits with all expedition, in accordance with law.
6. The petition is partly allowed in above terms. Order Date :- 7.1.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench