Court No. - 55
Case:SPECIAL APPEAL DEFECTIVE No.768 of 2019
Appellant :- Madhu
Respondent :- State Of U.P. And 2 Others
Counsel for Appellant :- Sharad Sinha
Counsel for Respondent :- C.S.C.,Mahesh Sharma
Hon'ble Vikram Nath,J. Hon'ble Pankaj Bhatia,J.
Order on Delay Condonation Application.
There is a delay of 303 days in filing the appeal. This application has been filed to condone the delay.
Cause shown for the delay has been satisfactorily explained.
There is no objection from the side of the respondents.
Delay condonation application is allowed and the delay is condoned.
Let the appeal be registered on regular side.
Order on Appeal Heard Sri Mahesh Sharma, learned counsel for the appellants, Sri Pranav Ganguli, learned counsel for the State-respondents.
The submission of the counsel for the appellants is that the impugned judgment has been passed without hearing the counsel for the petitioner and without even addressing the merits of the matter.
A perusal of the impugned judgment reveals that the learned Single Judge has not reverted to the averments leading to the filing of the writ petition except recording as under:-
"3. I myself have gone through the pleadings, grounds as also reliefs sought and find that petitioners are not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for"
It is well settled that an order bereft of reasoning is not sustainable in the eyes of law.
Considering the averments made at the bar, the impugned judgment is not sustainable in the eyes of law and is accordingly set aside. The appeal is allowed and the matter is remitted to the learned Single Judge for decision afresh in accordance with law.
Order Date :- 22.8.2019/P Kesari