Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL No. - 1147 of 2026 Court No. - 39 HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Having heard Sri Ashutosh Dwivedi alongwith Sri Vinay Kumar, learned counsel for the original petitioner, learned Standing Counsel for the State- respondents and Sri Syed Wajid Ali, learned counsel for respondent no.6.
2. To the extent, in the earlier Writ -A No. 8087 of 2026 filed by the private respondent, the order dated 24.04.2026 had been withdrawn unconditionally and further to the extent it is not the case of the original petitioner/appellant that had had complied with the specific directions contained in paragraph no.2 of the order dated 29.05.2026 passed in Writ - A No. 8087 of 2026, no further action was required to be taken by the respondent. To the extent, the original petitioner/appellant had been given conditional right to complain - subject to his undertaking on affidavit, unless that condition was first fulfilled, the complaint would never arise at the instance the original petitioner/appellant.
3. Even otherwise as noticed by the writ Court in the earlier occasion, there is simple delay of 20 days in filing the application for compassionate appointment that had been overlooked and the original petitioner has been granted compassionate appointment in the year 2002. More than twenty years have passed since then.
4. In view of the above, the present intra-Court appeal lacks merit and is accordingly dismissed. No order as to cost. October 7, 2026 Abhilash Versus Counsel for Appellant(s) : Ashutosh Dwivedi, Pankaj Kumar Singh, Vinay Kumar Counsel for Respondent(s) : Syed Wajid Ali Sanandan Patel .....Appellant(s) State Of Up And 5 Others .....Respondent(s)
(Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- ABHILASH SINGH High Court of Judicature at Allahabad