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2026 DAILYLAW 6251 (ALL)

RAJ KUMAR v. STATE OF U.P. AND 4 OTHER

SPLA/1087/2026 · 2026-09-06

Saumitra Dayal Singh, Swarupama Chaturvedi

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. - 609 of 2026 Court No. - 39 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE SWARUPAMA CHATURVEDI, J. Civil Misc. Delay Condonation Application No. 01 of 2026 1. Heard Sri Pradeep Kumar Singh, learned counsel for the original petitioner/appellant, Ms. Anjali Upadhyay, learned counsel for the Greater NOIDA and Sri Arimardan Singh Rajpoot, learned Additional Chief Standing Counsel for the State. 2. Present appeal has been filed with a delay of 300 days. 3. Cause shown is sufficient. Delay in filing the present appeal is condoned. Delay condonation application is allowed. Order on Appeal 4. The present intra-Court appeal has arisen against the order dated 19.09.2025 passed by the learned single judge in Rajkumar And 74 Others Vs. State of U.P. and 4 Others, 2025:AHC:168285. 5. At the outset, the appeal has been confined to cost of Rs. 1 lac imposed on deponent of the affidavit filed in support of the writ petition and Rs. 1,000/- on each of the 74 petitioners. 6. Having heard the learned counsel for the parties and having perused the record, it appears that the award of cost imposed in any case is too harsh for Versus Counsel for Appellant(s) : Dinesh Kumar Bhaskar, Pradeep Kumar Singh Counsel for Respondent(s) : Anjali Upadhya, C.S.C., Kaushalendra Nath Singh Raj Kumar .....Appellant(s) State Of U.P. And 4 Other .....Respondent(s) the occurrence noticed by the learned single judge. While no interference may be made on the merits of the issue and it may be clearly recorded that no ground has been pressed to challenge the order of the learned single judge, on merits, to the extent of cost, interference is offered. 7. In view of the above, the cost Rs. 1 lac imposed on the deponent and Rs. 1,000/- on each of the 74 petitioners is deleted. 8. Accordingly, the appeal is partly allowed. September 7, 2026 #Vikram/- SPLAD No. 609 of 2026 2 (Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.) Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad