Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 51 of 2019 Appellant :- Vidya Sagar Upadhyaya Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Shiva Prakash,Vaibhav Prakash Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J.
Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner-appellant and learned Standing Counsel for the respondents.
The petitioner-appellant has preferred this appeal under Chapter VIII Rule 5 of the High Court Rules against the order of the learned Single Judge dated 12.04.2018 passed in Writ-A No.8693 of 2003 (Dr. Mahendra Kumar Pandey and others versus State of U.P. and others).
In the aforesaid writ petition, there were five petitioners and three of them have preferred separate appeals against the aforesaid order and those appeals have been allowed after condoning the delay vide orders dated 27.09.2018 and 19.11.2018 and the order of the learned Single Judge has been set aside with further direction to redecide the matters on merits.
In view of the aforesaid order, which are final and conclusive, we accept the explanation for the delay in filing the appeal and condoned the same.
The Delay Condonation Application No.1 of 2019 is allowed.
The order of the learned Single Judge dismissing the writ petition on merits is uninformed if reasons and such it has been set aside in special appeal vide orders dated 27.09.2018 and 19.11.2018.
Accordingly, in view of the aforesaid orders, we also direct for setting aside the order dated 12.04.2018 and remit the matter to the Single Judge for decision afresh on merits in accordance with law.
The special appeal is allowed. Order Date :- 21.1.2019 A.N. Mishra