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Sharda Prasad vs State Of U P And Others

High Court Of Judicature at Allahabad|08 January, 2021
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JUDGMENT / ORDER

Court No. - 4
Case :- WRIT - C No. - 26677 of 2020 Petitioner :- Sharda Prasad Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Pramod Kumar Singh,Anjali Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner.
Present petition has been filed for quashing the order dated 25.11.2020 passed by the respondent no. 2 in Case No. 69 of 2016 (Computerized Case No. C 201615000069).
Submission is that a revision delayed by almost nine years was filed by the private respondent no. 3 in the year 2016 and the delay condonation application was allowed even without issuing notices to the petitioner and it is only after condonation of delay notices were issued to the petitioner on revision only, whereas once there was huge delay, the authority concerned was under obligation to issue notices on delay condonation application.
Matter requires consideration.
Learned Standing Counsel has accepted notice on behalf of the respondent nos. 1 and 2.
Issue notices to the respondent nos. 3 to 5. List after expiry of notice period.
Respondent nos. 6 to 8 are sons of the petitioner herein and as such no notices are being issued to them at this stage.
Till the next date of listing, further proceeding of Case No. 69 of 2016 (Computerized Case No. C 201615000069) shall remain stayed.
Order Date :- 8.1.2021 Lalit Shukla
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Title

Sharda Prasad vs State Of U P And Others

Court

High Court Of Judicature at Allahabad

JudgmentDate
08 January, 2021
Judges
  • Vivek Kumar Birla
Advocates
  • Pramod Kumar Singh Anjali