Court No. - 21
Case :- SPECIAL APPEAL DEFECTIVE No. - 238 of 2017
Appellant :- Anil Kumar
Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Amit Kumar Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble V.K. Shukla,J.
Hon'ble Mahesh Chandra Tripathi,J.
Ref: Civil Misc. Delay Condonation Application No.123186 of 2017 For the reasons stated in affidavit filed in support of delay condonation application, as the same constitutes sufficient cause for condoning delay in filing Special Appeal, the delay condonation application is allowed and the Special Appeal is treated to have been filed well within time.
Ref: Special Appeal Anil Kumar is before this Court assailing the order dated 22.11.2016 passed by learned Single Judge of this Court in Writ C No.55071 of 2016 (Anil Kumar vs. State of UP and 3 others) whereby learned Single Judge has proceeded to dismiss the writ petition on the ground of laches with following observations:-
"Heard learned counsel for the petitioner, Sri Manu Singh for respondent no. 4 and learned standing counsel for the State.
This writ petition has been filed beyond period of five years and 335 days after lapse of period of limitation. Learned counsel for the petitioner has requested for condonation of this delay.
The grounds mentioned in his application and affidavit, and placed before this Court during argument are not satisfactory in any way. Therefore, the request for condonation of delay is declined.
Accordingly, this writ petition is dismissed for laches of petitioner."
Record in question reflects that the appellant-petitioner was a licensee of fair price shop and on the complaint made by some of the villagers against him, an enquiry was conducted on 29.1.2009. By the order dated 29.1.2009 the licence of his fair price shop was suspended and he was required to submit his explanation. The petitioner submitted his explanation. On 30.10.2008 the Sub Divisional Officer, Sadar, District Aligarh cancelled his fair price shop licence. Against the aforesaid order, the petitioner preferred an appeal before the Commissioner of the Division on 20.11.2009 and the same was also rejected by the Appellate Authority on 21.9.2010. Both the aforesaid orders have been assailed after more than five years in the afore-mentioned writ petition and the same has been dismissed by learned Single Judge, giving rise to the present special appeal.
At the very outset, learned Standing Counsel has raised an objection that the present Special Appeal is not maintainable against an order passed passed in an appeal under Paragraph-28 of the U.P. Scheduled Commodities (Distribution) Order, 2004 in view of the special provisions under Chapter VIII Rule 5 (vii) of the High Court Rules,1952.
The law in this regard has already been settled by a Full Bench of this Court in the case of Sheet Gupta vs. State of UP and others 2010 (1) ESC 273 (All) (FB), wherein the Full Bench has held that the special appeal is not maintainable under the provisions of Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952.
Consequently, the present Special Appeal is dismissed as not maintainable.
Order Date :- 18.4.2017 RKP