Court No. - 55
Case :- SPECIAL APPEAL DEFECTIVE No. - 724 of 2011 Appellant :- State Of U.P. And Others Respondent :- Daya Shanker Lal Srivastava And Others Counsel for Appellant :- M. S. Pipersenia Sc Counsel for Respondent :- Ali Hasan
Hon'ble Vikram Nath,J.
Hon'ble Saurabh Shyam Shamshery,J.
The appeal has been taken up in the revised call.
Sri Gopal Chandra Saxena, learned Standing Counsel for the State is present. No one is present on behalf of the respondents, although the name of Ali Hasan, Advocate is printed in the list.
There is a delay of 346 days in filing the appeal, which we find has been satisfactorily explained in the affidavit filed in support of the delay condonation application.
We, accordingly, condone the delay and treat the appeal as within time.
Sri Saxena has further pointed out that the impugned order in the present appeal dated 08th July, 2010, passed in Writ-A No. 39202 of 2010 (Daya Shanker Lal Srivastava and others vs. State of U.P. and others), was based upon judgment and order dated 21.04.2008, passed in Civil Misc. Writ Petition No. 36816 of 2004; Ram Chandra Verma and another vs. State of U.P. and others, and accordingly the writ petition was disposed off in terms of the said judgment.
He further submitted that against the judgment dated 21.04.2008, passed in the case of Ram Chandra Verma and another, the State had preferred Special Appeal No. 8 of 2012; State of U.P. and others vs. Ram Chandra Verma and another, which was allowed vide judgment and order of the Division Bench dated 24.11.2017. Copy of the said judgment has been placed on record. It is also stated by Sri Saxena that against the Division Bench judgment dated 24.11.2017 Ram Chandra Verma and another had preferred Special Leave Petition before the Hon'ble Supreme Court, which was got dismissed as withdrawn and thereafter a review petition has been filed before this Court, which is pending.
He, thus, submitted that the present appeal may also be allowed in terms of the aforesaid Division Bench judgment dated 24.11.2017.
Having perused the judgment dated 24.11.2017, we do not find any good reason to take any different view in the matter and accordingly respectfully follow the same.
We, accordingly, allow the appeal and set aside the judgment of the learned Single Judge dated 08.07.2010 and dismiss the Writ Petition No. 39202 of 2010.
We, however, leave it open to the parties that in case the review petition in the appeal of Ram Chandra Verma and another is allowed or the judgment of the Division Bench in that appeal is modified, they may apply for similar orders in this appeal.
Order Date :- 22.1.2019 Pkb/