STATE OF U.P.THRU PRIN.SECY. YOUTH WELFARE LUCKNOW and ORS. v. VISHNU SHANKAR SINGH
SPLAD/20/2021 · 2025-10-28
Rajan Roy, Rajeev Bharti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 203787 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203787 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 20 of 2021 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE RAJEEV BHARTI, J. This appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules 1952 is delayed by 611 days. The impugned judgment is dated 12.4.2019. The limitation for filing appeal under Chapter VIII Rule 5 of Allahabad High Court Rules is 30 days as provided in Chapter IX, Rule 10 (1) of Allahabad High Court Rules read with Article 117 of the Limitation Act, 1963. Appeal has been filed on 12.01.2021, i.e. with a delay of 611 days. The limitation for filing appeal expired much prior to 15.03.2020 which is the date from which the benefit of limitation was extended in such matters consequent to onset of COVID 2019 pandemic, meaning thereby the benefit of orders passed by Hon’ble Supreme Court in this regard are not available in this appeal. We have gone through the affidavit filed in support of application for condonation for delay. It speaks of the receipt of judgment dated 12.4.2019 in the Directorate of Prantiya Raksha Dal, U.P. on 13.5.2019 but does not explain as to whether when there is a battery of lawyers for the State appearing in the High Court, any information of disposal of writ petition on 12.4.2019 was sent by the learned Standing counsel to the concerned Department or not ? This aspect has not been explained. Ultimately, the matter was brought to the knowledge of the State Government by the said Directorate and letters dated 12.12.2019, 26.4.2019 and 27.01.2020 were sent to Law Department, there is no explanation for the period 14.5.2019 to 11.12.2019 as to what transpired in the interagnum. Even thereafter the Law Department granted approval for filing appeal only on 04.5.2020 and again there is no explanation as to what transpired in between, i.e., from January, 2020 to April 2020. The facts stated in the affidavit filed in support of the application for Versus Counsel for Appellant(s) : C.S.C. Counsel for Respondent(s) : Rakesh Kumar Singh State Of U.P.Thru Prin.Secy. Youth Welfare Lucknow And Ors. .....Appellant(s) Vishnu Shankar Singh .....Respondent(s)
condonation of delay are lacking in bonafide. The appellants are not acted with due diligence and promptness. The alleged explanations are nothing but are sham. They are more of excuses.
In view of the recent decision of Hon’ble Supreme Court in the case of Shivamma (Dead) by LRS vs. Karnataka Housing Board and Others reported in 2025 SCC OnLine 1969, we do not find it a fit case to condoning delay in filing appeal which is not only inordinate but also not explained satisfactory. We have also been informed that the impugned judgment has been complied. The application for condonation of delay is rejected. As the application for condonation of delay stands rejected, consequently, the appeal also stands dismissed. October 28, 2025 mks SPLAD No. 20 of 2021 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench