Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 60 of 2019 Appellant :- Satish Kumar Sahu And 9 Others Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Siddharth Khare,Ashok Khare,Senior Advocate Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J.
Hon'ble Rohit Ranjan Agarwal,J.
There is delay of 131 days in filing the appeal.
The delay is sufficiently explained in the delay condonation application. The delay in filing the appeal is condoned.
Delay Condonation Application No. 1 of 2019 is allowed. The Exemption Application No.3 of 2018 is allowed.
The writ petition of the petitioner was decided without hearing learned counsel for the petitioners.
The submission of the learned counsel for the petitioner- appellants is that the learned counsel could not get any information of the listing of the writ petition and that even if the writ petition was to be decided in his absence then at least all points arising and raised in the writ petition ought to have been dealt with and decided by the Writ Court, which has not been done. Therefore, the order of the learned Single Judge is non-speaking order. Moreover, the writ petition had not become infructuous and it was required to be decided on merits.
Learned Standing Counsel accepts that the cause of action in the petition continues to survive.
A perusal of the impugned order of the learned Single Judge dated 3.8.2018 reveals that the Court after noting the prayers as made in the writ petition simply stated that from the pleadings in the writ petition, it appears that the petitioner has failed to make out a case for grant of any of the reliefs as claimed. It does not touch upon any of the orders which were impugned in the writ petition. Thus, it is an order completely uninformed of reasons. Several of such decisions have already been set aside in special appeals.
In view of the above, we are of the view as the order impugned passed by the learned Single Judge is uninformed, it cannot be sustained in law. It is accordingly set aside and the matter is remitted to the Writ Court for deciding the petition on its own merits after hearing the parties in accordance with law.
The appeal is allowed.
Order Date :- 22.1.2019 Ashutosh Pandey