Court No. - 10
Case :- WRIT - C No. - 38775 of 2019 Petitioner :- Jabir Hussain Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Mohd. Ashraf Abbasi Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed challenging the impugned order 8.3.2019 passed by the respondent no. 2 rejecting the appeal of the petitioner on the ground of delay in filing the appeal.
By the impugned order dated 8.3.2019 the appeal filed by the petitioner has been rejected on the ground that the same has been filed after about six years and no cogent reason has been given.
Submission of the learned counsel for the petitioner is that opportunity of hearing should be given to the petitioner.
I have considered the rival submissions and perused the record.
On perusal of the record I find that against the order of cancellation dated 15.1.2013 the petitioner filed an appeal in the year 2019 and medical certificates for the period w.e.f. 23.7.2018 to 1.1.2019 were filed. There was no explanation for the period 15.1.2013 to 23.7.2018. Under such circumstances, delay condonation filed along with appeal was rejected.
The Stamp Reporter of this Court has also reported laches of 167 days in filing the present petition. There is no explanation whatsoever in filing the present the petition after 167 days.
Under such circumstances and for the reasons given in the impugned order, I do not find any good ground to interfere in the impugned order.
Present petition is devoid of merit and is accordingly dismissed. No order as to costs.
Order Date :- 28.11.2019 Abhishek