Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:123659 Court No. - 5 Case :- WRIT - A No. - 10462 of 2025 Petitioner :- Omkar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Mishra,Rahul Kumar Jadaun Counsel for Respondent :- C.S.C.,O.P.S. Rathore,Sudhanshu Srivastava Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Abhishek Mishra, learned counsel for petitioner and Sri Sudhanshu Srivastava as well as Sri O.P.S. Rathore, Advocates for respondents.
2. This writ petition can be disposed of at this stage that appeal filed by petitioner before Respondent-3, i.e., Secretary, U.P. Cooperative Institutional Service Board, Lucknow, which was dismissed being filed after the period of limitation of 30 days, since delay was about 40 days, the same may be condoned in the interest of justice and appeal be heard on merit.
3. In aforesaid circumstances, without entering into merit of case, since Respondent-3 has ample power to consider appeal so filed by petitioner and it was dismissed only ground of delay of about 40 days, it is against the interest of justice, therefore, impugned order is interfered.
4. Therefore, by exercising jurisdiction under Article 226 of the Constitution, this writ petition is disposed of with observation that Respondent-3 will consider the appeal of petitioner on merit ignoring the delay of above referred period and decide appeal on merit after hearing both parties in accordance with law. Impugned
order dated 18.10.2024 is set aside. The Court also ignores that petitioner has approached this Court after about more than ten months.
Order Date :- 28.7.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad