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2025 DAILYLAW 87581 (ALL)

CHANDRA KESH YADAV v. STATE OF U.P. AND 4 OTHERS

SPLA/894/2025 · 2025-10-08

Manoj Kumar Gupta, Siddharth Nandan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 894 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE SIDDHARTH NANDAN, J. 1. Shri Arvind Singh, Advocate has entered appearance on behalf of respondents no.2 to 5. 2. Heard the appellant, who appears in person and Shri Arvind Singh, Advocate on behalf of the contesting respondents. 3. The instant intra court appeal is directed against the following order of learned Single Judge dated 17.07.2025 passed in Writ-A No.881 of 2025: "Sri Chandra Kesh Yadav, petitioner in person is not carrying his file to assist the Court, therefore, it appears that he is not diligent to pursue his case. The Court takes note that petitioner was found guilty of causing huge loss to U.P. Co-operative Federation Limited, Lucknow. Accordingly, writ petition is dismissed with a cost of Rs.50,000/- to be deposited by petitioner in District Legal Services Authority, Siddharth Nagar within two weeks." 4. The appellant submits that the writ petition was filed challenging an order dated 13.12.2024 passed by Managing Director, U.P. Co-operative Federation Limited whereby post his retirement, an order of recovery of the loss allegedly caused to the Department was passed. He submits that his valuable rights are involved and, therefore, the writ petition should be heard on merits. Versus Counsel for Appellant(s) : In Person Counsel for Respondent(s) : C.S.C., Hridaya Narayan Mishra Chandra Kesh Yadav .....Appellant(s) State Of U.P. And 4 Others .....Respondent(s) 5. Shri Arvind Singh, learned counsel for respondents no.2 to 5 seriously objected to the prayer made by the appellant. However, we find that since the appellant was appearing in person and his valuable rights were involved, therefore, the writ petition deserves to be heard on merits. 6. Accordingly, the order dated 17.07.2025 passed by the learned Single Judge is hereby set aside. 7. The instant appeal is allowed. 8. The writ petition is restored to its original number and will be heard on merits. October 9, 2025 Ankit. SPLA No. 894 of 2025 2 (Siddharth Nandan,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad