NAND RAM AND 3 OTHERS v. THE ADDITIONAL COMMISSIONER PRASHASAN AND 13 OTHERS
WRIC/14104/2025 · 2025-05-05
Manish Kumar Nigam
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 53507 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53507 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:72047 Court No. - 35 Case :- WRIT - C No. - 14104 of 2025 Petitioner :- Nand Ram And 3 Others Respondent :- The Additional Commissioner Prashasan And 13 Others Counsel for Petitioner :- Ramendra Asthana Counsel for Respondent :- C.S.C.,Sher Bahadur Singh Hon'ble Manish Kumar Nigam,J.
1. Heard learned counsel for the petitioners, learned Standing Counsel for the State and perused the record.
2. The instant writ petition has been filed for the following relief:
"(a) Call for record of the case and issue a writ, order or direction in the nature of certiorari quashing the judgment and orders dated 10.03.2025 (contained in Annexure No. VIII to the writ petition) passed by the learned Additional Commissioner (Administration), respondent no.1, dismissing at the stage of Admission Revision No.1243/2024, Computerized No. C- 202412000001243, Nand Ram and others Vs. Jai Shankar and others dismissing Revision against order dated 25.07.2024) and 25.07.2024 contained in Annexure No. VI to the writ petition) passed by the Upziladhikari (Judicial) Pilibhit, the respondent no.2 in Case No.1243/2024,Computerized No. C-202412000001243, Nand Ram and others Vs. Jai Shankar and others."
3. Contention of learned counsel for the petitioners is that in an appeal filed under Section 229B, the contesting respondent died and application for substitution was filed after a laps of four years along with an application for condonation of delay. The application of delay condonation as well as substitution application have been allowed by the appellate court. It has been contended by learned counsel for the petitioners that delay has not been properly condoned as the day to day delay has not been explained and the case law relied upon by the court below is not applicable to the facts of the present case as in the case which has been relied upon was relating to an uncontesting respondent and not to the contesting respondent.
4. Be that as it may, since the appeal is pending and order under Section 5 is a discretionary order and discretion has been exercised in favour of the respondent, I am not inclined to interfere in the matter.
5. With these observations, the writ petition stands disposed of. Order Date :- 6.5.2025 S. Singh (Manish Kumar Nigam,J.) Digitally signed by :- SAVITA SINGH High Court of Judicature at Allahabad