Court No. - 9
Case :- SPECIAL APPEAL DEFECTIVE No. - 1281 of 2020
Appellant :- Suresh Pal
Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Vinod Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Sanjay Yadav,J. Hon'ble Siddharth,J.
Order on Civil Misc. Delay Condonation Application No.1 of 2020.
There is delay of 589 days in filing of the above noted Special Appeal.
Taking into consideration the reasons given in the affidavit, which prevented the appellant from filing the appeal in time, we are convinced that sufficient cause has been made out for condoning the delay in filing of appeal. The delay condonation application is allowed.
The delay in filing of appeal is condoned.
Order on Special Appeal Defective.
Challenge is to the order dated 29.03.2019 passed by learned Single Judge in Writ-A No.23101 of 2002, wherein challenge was to an order dated 30.04.2002, whereby claim of the appellant for confirmation was rejected by the District Inspector of Schools, Baghpat. The petition was dismissed in following terms:-.
"4. I myself have gone through the pleadings, grounds as also reliefs sought and find that petitioner is not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for.
5. Moreover, it appears that either the cause of action no more survives or the petitioner has lost interest in this matter or it has otherwise become infructuous and, probably for this reason, none is interested to have decided this matter on merits."
It is contended on behalf of the Appellant that learned Single Judge committed gross error in not adverting to factual aspect of the matter and conclusion has been drawn by cryptic order. Reference is also made to an order passed by Division Bench of this Court in Special Appeal Defective No.226 of 2020, wherein similar order has been interfered on the finding that the same is non speaking order.
After hearing learned counsel for the appellant and the learned Standing Counsel, we are convinced that no reason has been given as to why the petitioner is not entitled for the reliefs sought by him. It needs no further reasons that such an order is not tenable in the eyes of law hence lancetted.
The order of learned Single Judge is, accordingly, set aside. The matter (writ-A No.23101of 2002, Suresh Pal Vs. State of U.P. and others) is remitted to the Writ Court for decision afresh on merit after hearing learned counsel for the parties.
Special Appeal stands disposed of finally in above terms. No order as to costs.
Order Date :- 8.1.2021 SS
(Siddharth,J.) (Sanjay Yadav,J.)