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2025 DAILYLAW 95616 (ALL)

VISHNU PRASAD v. STATE OF U.P. AND 4 OTHERS

WRIA/13707/2025 · 2025-09-18

Ajit Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13707 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. Heard learned counsel for the petitioner as well as learned Standing Counsel. Preliminary objection raised by learned Standing Counsel that this petition has been filed after a long delay of 9 years and hence is liable to be dismissed on the ground of delay and laches. It is contended on behalf of the petitioner that petitioner had earlier approached this Court by engaging a counsel and twice got his photographs prepared for the purposes of swearing of affidavit for filing petition before this Court, but the petition for the reason known to the counsel, petition was not filed. It is after the engaged lawyer Sri Shrawan Kumar Mishra died in the year 2024 that petitioner came to know that his petition was never filed before this Court and hence, he is now approaching the Court. From the perusal of the order of the appellate authority, I find that the appeal has been dismissed on the ground of delay. As a special case where the petitioner had already approached this Court by engaging the lawyer and claims to have been fooled, I consider it appropriate that appeal of the petitioner may be heard and disposed of on merits by the departmental appellate authority. Hence, I quash the order of the appellate authority in the special facts and circumstances of the case, dated 31.08.2006 remitting the matter to the appellate authority restoring the appeal with a direction to decide the same on merits. Versus Counsel for Petitioner(s) : Narendra Kumar Counsel for Respondent(s) : C.S.C. Vishnu Prasad .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Appropriate order shall be passed on the merits of appeal within a period of two months from the date of presentation of certified copy of this order. With the aforesaid observations and directions, this petition stands disposed of. September 19, 2025 IrfanUddin WRIA No. 13707 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad