Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 8871 (ALL)

PANKAJ KUMAR SINGH v. STATE OF U.P. AND 4 OTHERS

WRIC/2098/2025 · 2025-01-22

Vikram D Chauhan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:11272 Court No. - 33 Case :- WRIT - C No. - 2098 of 2025 Petitioner :- Pankaj Kumar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pramod Kumar Srivastava Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C. Hon'ble Vikram D. Chauhan,J. It is submitted by learned counsel for the petitioner that the appeal of the petitioner has been rejected by the impugned order dated 13.12.2024 on the ground of limitation as the order against which the appeal was preferred was dated 29.01.2024 and there was delay of 55 days which the petitioner could not trace out and as a result of the same the appeal was filed belatedly. Learned counsel for the petitioner submits that there is a bonafide delay and the same ought to be condoned which has been rejected by the appellate court. Learned Standing Counsel for the State and learned counsel for Gaon Sabha submit that the appeal has been filed with delay. Considered the fact that there is delay of 55 days in filing the appeal and in view of the submission made by learned counsel for the petitioner the writ petition is partly allowed. The order dated 31.12.2024 passed by the respondent no. 2 District Magistrate, Varanasi is hereby set aside and the matter is remanded back to the appellate court/respondent no. 2 District Magistrate, Varanasi for decision afresh on the merit of the appeal without going into the question of limitation. Order Date :- 22.1.2025 K.K. Maurya Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad