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2025 DAILYLAW 40945 (ALL)

SUNIL KUMAR v. STATE OF U.P. AND ANOTHER

SPLA/1271/2011 · 2025-07-09

Mahesh Chandra Tripathi, Vinod Diwakar

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Judgment text

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Neutral Citation No. - 2025:AHC:110633-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 1271 of 2011 Appellant :- Sunil Kumar Respondent :- State of U.P. and Another 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 26.5.2011 passed by the learned Single in Writ A No.31368 of 2011 (Sunil Kumar 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 petitioner-appellant was working in the establishment of Uttar Pradesh Police, and he had been transferred from Bareilly to Sitapur after due concurrence of the Police Establishment Board constituted in pursuance of the direction issued by Hon'ble Apex Court. The petitioner-appellant had challenged before writ Court, wherein, learned Single Judge was pleased to dismiss the same precisely taking note to the judgment rendered by Hon'ble the Apex Court in Mrs. Shilpi Bose and others Vs. State of Bihar and others reported in 1995 (71) FLR 1011 (SC); State of U.P. Vs. Gobardhan Lal (AIR 2004 SC 2165); Union of India and others Vs. Janardhan Debanath and another reported in [(2004) 4 Supreme Court Cases 245 and S.C. Saxena Vs. Union of India and others reported in 2006(9) SCC, page 583. 4. Considering the aforesaid factual aspect of the matter, we find that no such error is reflected from the impugned judgment and order dated 26.5.2011 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