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2025 DAILYLAW 35121 (ALL)

KRISHNA PAL SINGH v. STATE OF U.P. AND 7 OTHERS

SPLA/210/2025 · 2025-04-22

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61331-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 210 of 2025 Appellant :- Krishna Pal Singh Respondent :- State Of U.P. And 7 Others Counsel for Appellant :- Prabhakar Awasthi,Ravi Lal Gupta Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. This intra court appeal is directed against an order passed by learned Single Judge refusing to entertain the petition on the ground of locus. 2. After some argument in the matter, Sri Prabhakar Awasthi, learned counsel for the appellant-petitioner contends that the petitioner be permitted to withdraw the present appeal as also the writ petition as the appellant-petitioner intends to file a writ of quo warranto. 3. Prayer in that regard is objected by learned counsel for the respondent on the ground that the respondent has already superannuated on 31.3.2025. Retiral benefits has also been released to him in part. It is, therefore, submitted that at this late stage such liberty be not granted to the petitioner. 4. Admittedly the appellant has already retired. The person whose appointment he seeks to challenge has also superannuated. In such circumstances, at this late stage, we are not inclined to grant any liberty to the appellant in terms of the prayer made. It would be appropriate for both the parties to give a quietus to the dispute. 5. Special appeal is, consequently, dismissed. Order Date :- 23.4.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad