Hon'ble Manish Mathur,J.
(Application No.90803 of 2011)
1. The application seeks condonation of delay in filing the special appeal.
2. Learned counsel for the appellants has not appeared to prosecute the case. Case relates to the year 2011. Eight years have gone by. We find no justifiable reason to adjourn the case to await appearance of the counsel.
3. Having gone through the contents of the affidavit accompanying the application, we hereby condone the delay in filing the appeal.
4. On request of learned counsel for respondents/writ petitioners, the appeal is taken up for hearing today itself.
28.8.2019 kkb/ Court No. - 2 Case :- SPECIAL APPEAL DEFECTIVE No. - 626 of 2011 Appellant :- Vice Chancellor, Lucknow University,& Ors. (4454 M/S 2009) Respondent :- Raza Shabbeer & Others Counsel for Appellant :- S.P. Shukla Counsel for Respondent :- C.S.C.,Dr. V.K. Singh Hon'ble Ajai Lamba,J.
Hon'ble Manish Mathur,J.
(Oral)
1. Vice Chancellor, Lucknow University, Lucknow and three other functionaries of Lucknow University have preferred this special appeal in challenge to order dated 13.8.2009 rendered in Writ Petition No. 4454(M/S) of 2009 titled "Raza Shabbir and others versus The State of U.P. and others".
Vide the impugned order, liberty was given to private respondents/writ petitioners to make a fresh representation within three days. The appellants/writ respondents were directed to consider the representation in accordance with law within a period of ten days and dispose it of keeping in mind the application of the Ordinance in respect of the petitioners' case of 2004-2005.
2. Learned counsel for the appellants has not appeared. Case relates to the year 2011. Eight years have gone by. We find no reason to await appearance of the counsel.
3. Learned counsel for respondents/writ petitioners Mr. (Dr.) V.K. Singh contends that the cause of action does not survive any more.
4. While accepting the statement given by learned counsel for respondents/writ petitioners, we hereby dispose of this appeal.
Order Date :- 28.8.2019 kkb/