Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 429 of 2021 Appellant :- Dr.Ashiq Ali Respondent :- State of U.P. and Others Counsel for Appellant :- Gautam Baghel Counsel for Respondent :- Suresh Chandra Dwivedi,Rohan Gupta
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Ajai Tyagi,J.
Delay Condonation Application No. 01 of 2021 Application for condonation of delay in filing the appeal is allowed.
The defect stands cured.
Exemption Application No. 03 of 2021 Exemption Application is allowed.
The appellant is exempted from filing certified copy of the order dated 26.03.2021 passed by this Court.
Order on Memo of appeal Heard Sri R.K. Ojha, Senior Advocate assisted by Sri Gautam Baghel for the appellant, Sri Amit Saxena, Senior Advocate assisted by Sri Suresh Chandra Dwivedi and Sri Rohan Gupta for the respondents.
By this appeal, a challenge is made to the interim order dated 26.03.2021 passed by the learned Single Judge. The writ petition is still pending for consideration.
The appeal has been preferred alleging concealment of facts by the petitioner/non-appellant about the earlier writ petition and denial of interim order therein. The counter to the writ petition is yet to be filed by the appellant herein.
In view of the above, we would not like to decide an issue on merit when the writ petition is pending consideration before the learned Single Judge. However, this appeal is disposed of with liberty to the appellant to file a counter affidavit within shortest possible time and if possible within ten days along with the application, either to seek modification of the order dated 26.03.2021 or for its vacation. If the counter affidavit is filed along with the application, as given above, then the side opposite would be at liberty to file rejoinder affidavit within ten days of the receipt of the counter affidavit.
The Registry is directed to list the writ petition before the Single Bench on 18.08.2021 in the first ten cases so that it may be heard finally or on the application.
With the aforesaid observation, the appeal stands disposed of. Order Date :- 27.7.2021 Nirmal Sinha Digitally signed by Justice Munishwar Nath Bhandari Date: 2021.07.28 10:32:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Digitally signed by AJAI TYAGI Date: 2021.07.28 10:33:31 IST Reason: Document Owner Location: High Court of Judicature at Allahabad