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2025 DAILYLAW 170366 (ALL)

SANJEEV KUMAR v. STATE OF U.P. THRU. PRIN. SECY. FOOD AND CIVIL SUPPLIES LKO. AND 2 OTHERS

WRIC/11231/2024 · 2025-01-16

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2721 Court No. - 7 Case :- WRIT - C No. - 11231 of 2024 Petitioner :- Sanjeev Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Food And Civil Supplies Lko. And 2 Others Counsel for Petitioner :- Praveen Kumar Sharma,Suresh Chand Rathour Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed by the petitioner challenging the order dated 14.11.2024 whereby the appeal preferred against the judgment dated 26.05.2018 was dismissed as being beyond limitation by a term of more than six years. 3. It is argued by the 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 14.11.2024 is quashed. The matter is remanded to the appellate authority to decide the appeal on merits and 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. The petition is disposed of in terms of the above. Order Date :- 16.1.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench