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2025 DAILYLAW 158266 (ALL)

VAIBHAV KUMAR TIWARI v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF FOOD AND CIVIL SUPPLIES LKO. AND 3 OTHERS

WRIC/7964/2025 · 2025-08-20

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48901 Court No. - 6 Case :- WRIT - C No. - 7964 of 2025 Petitioner :- Vaibhav Kumar Tiwari Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Food And Civil Supplies Lko. And 3 Others Counsel for Petitioner :- Sanjeev Kumar Pandey Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsels for the parties and perused the record. 2. This writ petition has been filed by the petitioner challenging the order dated 11.07.2025, whereby the appeal preferred against the judgment dated 09.08.2017 was dismissed as being beyond limitation by a term of more than seven years. 3. It is argued by learned counsel for the petitioner that the appellate authority in other cases has dismissed a longer period of delay, which have far in excess of the delay by which the petitioner has filed an appeal. The ground in the delay application is that the file was handed over to the Lawyer, however the appeal was not preferred. 4. Considering the fact that in similar and in cases where the delay was far more, the delay was condoned. The order dated 11.07.2025 is quashed. The matter is remanded to the appellate authority to decide the appeal on merits, in accordance with law. As the delay is being condoned by this Court, a cost of Rs.1000/- is imposed upon the petitioner. The said cost shall be deposited by the petitioner before the concerned Revenue Bar Association. In case, there is no Bar Association, an amount of Rs.1000/- shall be deposited before the appellate authority within a period of one month. 5. It is made clear that if any third party rights have created, the reservation order has been changed, the same shall also be taken into consideration by the appellate authority. 6. The petition is disposed of in terms of the above. Order Date :- 20.8.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench