Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 13601 (ALL)

UMESH KANT TRIPATHI v. STATE OF U.P. AND OTHERS

SPLA/985/2011 · 2025-07-09

Mahesh Chandra Tripathi, Vinod Diwakar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:110633-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 985 of 2011 Appellant :- Umesh Kant Tripathi Respondent :- State of U.P. and Others Counsel for Appellant :- Vijay Gautam Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Vinod Diwakar,J. 1. The matter was taken up in the revised list. However, none appeared on behalf of the appellant to press the appeal, nor has any adjournment slip been moved. 2. The instant intra-court Special under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 is being preferred by the appellant-petitioner challenging the legality and validity of the judgment and order dated 5.5.2011 passed by the learned Single in Writ A No.26272 of 2011 (Umesh Kant Tripathi, Sub-Inspector Vs. State of U.P. and Others), wherein, learned Single Judge has proceeded to dismiss the writ petition. 3. The record in question reflects that the petitioner-appellant was working in the establishment of Uttar Pradesh, Police and petitioner-appellant had challenged his transfer before the writ Court, wherein, learned Single Judge had dismissed the petition vide its order dated 5.5.2011 precisely taking note to the judgment and order dated 31.03.2011 passed by this Court in Writ A No.18482 of 2011 (Uma Shankar Tirpathi and Others Vs. The State of U.P.). 4. Considering the aforesaid factual aspect of the matter, we find that no such error is reflected from the impugned judgment and order dated 5.5.2011 and the same warrants no interfere from this Court as well as in view of the fact that the matter pertains to the year 2011 and in the absence of any effective representation, it appears that the cause of action has become stale and the appeal has been rendered infructuous by efflux of time. 5. Accordingly, the instant appeal stands dismissed as infructuous. Order Date :- 10.7.2025 Sachin Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad