Court No. - 4 Civil Misc. (Delay Condonation) Application No. 30127 of 2019 IN
Case :- SPECIAL APPEAL DEFECTIVE No. - 760 of 1999
Appellant :- State Of U.P. And Others
Respondent :- Ram Raj Tripathi
Counsel for Appellant :- Ran Vijai Singh,S.C.
Counsel for Respondent :- Pradeep Verma,K K Dubey,Upendra
Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.
This is an application for condonation of delay in filing the appeal.
This appeal is reported to have been filed beyond time by 2 years 278 days.
Cause shown in support of condonation of delay in filing the appeal is sufficient.
The delay condonation application is allowed. The delay in filing the appeal is condoned.
Office is directed to allot regular number to this appeal.
Order Date :- 26.11.2019 Shalini
//////////// Court No. - 4
Case :- SPECIAL APPEAL DEFECTIVE No. - 760 of 1999
Appellant :- State Of U.P. And Others
Respondent :- Ram Raj Tripathi
Counsel for Appellant :- Ran Vijai Singh,S.C.
Counsel for Respondent :- Pradeep Verma,K K Dubey,Upendra
Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.
This special appeal has been filed by the respondent against the order dated 7.1.1997 passed by learned Single Judge in Writ Petition No.501 of 1997 (Ram Raj Tripathi and others vs. State of U.P. and others) by which the instant writ petition was finally disposed of on the same terms as the decision rendered by this Court on 18.1.1993 in Writ Petition No.29290 of 1990 (Ramesh Upadhya and others vs. State of U.P. and others) which was upheld by the Supreme Court vide order dated 12.7.1995.
We have heard learned Standing Counsel at great length. However, he has not been able to demonstrate that the facts of the case are not covered by the judgement rendered in the case of Ramesh Upadhya (supra).
The special appeal lacks merit and is accordingly dismissed.
Order Date :- 26.11.2019 Shalini