Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 50 of 2019 Appellant :- Istiyak Ali, Fireman Respondent :- State Of U.P. And 3 Others Counsel for Appellant :- Sunita Sharma,Vijai Kumar Mishra,Vijay Chandra Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Rohit Ranjan Agarwal,J.
The appeal is reported to be beyond time by 98/95 days.
The delay in filing the appeal is adequately explained and we are satisfied that the appellant was prevented by sufficient cause for filing the appeal in time.
The delay in filing the appeal is condoned.
Civil Misc. Delay Condonation Application No. 1 of 2019 is
allowed.
Heard learned counsel for the appellant on merits.
The appellant is a Fireman and is entitled to category-I house. However, a house of category-II was allotted to him. This allotment was cancelled. The writ petition against the order of cancellation has been dismissed. Therefore, the appeal has been preferred.
The petitioner-appellant is undoubtedly entitled to allotment of category-I house but was wrongly allotted category-II house. Accordingly, the allotment was cancelled and it has been said that his application for allotment shall be considered as and when category-I house would be available which is going to fall vacant very soon.
In view of the aforesaid facts and circumstances, irrespective of any technical arguments, we are of the opinion that the learned Single Judge has not committed any error of law in refusing to exercise his extraordinary jurisdiction in the matter.
The appeal lacks merit and is dismissed.
The appellant, if wants any relief on the basis of sympathy and compassion, he may approach the authorities in that regard and his application shall be considered by the authorities concerned.
Order Date :- 21.1.2019 Nirmal