Court No. - 40
Case :- MATTERS UNDER ARTICLE 227 No. - 587 of 2019 Petitioner :- Wahid (Deceased) And 7 Others Respondent :- Jitendra Kumar And 4 Others Counsel for Petitioner :- Rajesh Kumar Pandey
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the petitioners and learned Additional Government Advocate.
Learned counsel for the petitioners challenged the order dated 16.11.2018 passed by Additional District and Sessions Judge Court No. 3, Bulandshahr on the ground that the impugned order has been passed by the court concerned without proper appreciation of the evidence and the material on record and allowed the application under Section 5 of the Limitation Act without applying judicial mind.
Learned counsel for the petitioners submitted that there was no ground for condoning the delay, but the Court below has condoned the delay vide order dated 06.12.2018 against the statute as well as established law.
Learned AGA appearing on behalf of the State opposed the submissions made by the learned counsel for the petitioner by submitting that the learned Additional Sessions Judge passed the order dated 16.11.2018 after considering the entire material on record.
Having considered the submissions of the parties, I find no illegality or infirmity in the order passed on 16.11.2018 passed by the learned Additional Sessions Judge, Bulandshahr.
The writ petition is, accordingly, dismissed.
Order Date :- 29.1.2019 Sweety