Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 135807 (ALL)

SANT BUX SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF AGRICULTURE EDUCATION AND RESEARCH AND ORS.

SPLAD/164/2025 · 2025-04-23

Arun Bhansali, Jaspreet Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:23276-DB Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 164 of 2025 Appellant :- Sant Bux Singh Respondent :- State of U.P. thru. Prin. Secy. Deptt. Of Agriculture Education And Research and others Counsel for Appellant :- Vinod Kumar Yadav,Amit Yadav,Lavkush Counsel for Respondent :- Anand Kumar Singh, A.C.S.C.,Satyanshu Ojha Hon'ble Arun Bhansali,Chief Justice Hon'ble Jaspreet Singh,J. 1. This appeal filed on 18.04.2025 is directed against order dated 11.07.2016 passed by learned Single Judge in Service Single No. 15603 of 2016 whereby the writ petition filed by the appellant was dismissed on account of the fact that earlier writ petition being Service Single No. 2593 of 2013 seeking similar relief was dismissed on 07.05.2013 and the second attempt made by the appellant for the same cause of action was not maintainable. 2. Office has reported that the appeal is barred by 2458 days. An application under Section 5 of the Limitation Act has been filed seeking condonation of delay inter-alia on the ground that the appellant is a poor person and is facing financial hardship, his wife is suffering from ailment and that he is entitled to seek relief as claimed in the writ petition. 3. The contents of the affidavit seeking condonation of delay, as noted above, are wholly cursory and do not in any manner explain the delay of over eight years in filing the special appeal. 4. The appellant had earlier approached this Court by filing Service Single No. 2593 of 2013, which came to be dismissed by learned Single Judge on 07.05.2013 by observing that the petitioner had approached the Court after 33 years as by filing the petition in 2013 he was seeking employment which had crystalized in the year 1980. 5. Another writ petition being Service Single No. 15603 of 2016 seeking same relief was filed, which resulted in impugned judgement, wherein learned Single Judge on 11.07.2016 came to the conclusion that for same cause of action successive writ petition was not maintainable. 6. After passage of eight years, now the present special appeal has been filed. The cause, which was delayed by 33 years in 2013, is now delayed by 45 years in the year 2025 and therefore, on merit also, there is no substance. 7. The application seeking condonation of delay in filing the appeal is dismissed and consequently, the appeal is also dismissed. Order Date :- 23.4.2025 nd (Jaspreet Singh, J) (Arun Bhansali, CJ) Digitally signed by :- NISITH DEY High Court of Judicature at Allahabad, Lucknow Bench