LAL JI SINGH AND 6 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIB/2144/2025 · 2025-07-09
Ajay Bhanot
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61865 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61865 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:110396 Court No. - 50 Case :- WRIT - B No. - 2144 of 2025 Petitioner :- Lal Ji Singh And 6 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Krishna Kumar Chaurasia Counsel for Respondent :- C.S.C.,Pradeep Singh Hon'ble Ajay Bhanot,J. By the impugned order dated 20.02.2025 passed by the respondent No. 2 has allowed the restoration application filed by the respondents No. 4 and 5 and directed that the record be summoned for hearing on merits. The revising court in the impugned order has found that the order dated 18.03.2016 was exparte to the respondents No. 4 and 5. The order also records that the counsel for the respondents No. 4 and 5 had absented himself from the hearing on a number of occasions. The client cannot be visited with penal consequences on account of lack of diligence or apathy by his counsel. The second cause for delay was continuing ill health of the respondent No. 4 was found to be true by the court below. The relevant medical certificates submitted by the respondent No. 4, were duly examined by the court below while passing the impugned order. On this footing the delay was condoned. This Court takes notices of the fact that large segments of the rural populations are engaged in the litigation under
the U.P.C.H. Act. Very often the litigants belong to marginalized sections of the society who live at intersections of various disabilities like poverty and lack of awareness. The litigants have unconditional faith in their counsels which at times is belied. In these facts the consolidation authorities as well as the courts take a liberal view in matters pertaining to delay condonation. The endeavour of the consolidation authorities is to decide the controversy on merits and not to non suit the parties on technicalities. The impugned order is supported with valid reasons and is consistent with all norms of fairplay and equal justice. The writ petition is dismissed. Order Date :- 10.7.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad