Smt. Kaushlya Devi v. State of U.P. Thru. Secy. Food and Civil Supplies, Civil Sectt. Lko. and 2 Others

Court No. - 8 Case :- WRIT - C No. - 8764 of 2023 Petitioner :- Smt. Kaushlya Devi Respondent :- State Of U.P. Thru. Secy. Food And Civil Supplies, Civil Sectt. Lko. And 2 Others Counsel for Petitioner :- Satish Kumar Sharma,Anoop Vajpayee Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.

¶1In terms of the order passed by this Court on 16.10.2023, a supplementary affidavit has been filed stating that the husband of the petitioner never received a copy of the order dated

28.09.2017.

¶2The petition has been filed challenging an order whereby the delay of five years and three months in filing the appeal was not condoned and the appeal was dismissed on delay alone.

¶3The contention of the counsel for the petitioner is that the appellate authority has condoned the delay of periods which are far in excess of delay. It is further argued that when no copy of the order was served, the manner in which the appeal has been dismissed is bad in law.

¶4Considering the fact that the appeal has been dismissed only on the grounds of delay and in similar circumstances, a much larger period of delay has been condoned, the order dated

01.05.2023 is quashed. The matter is remanded to the appellate authority for deciding the appeal on merits and in accordance with law.

¶5It is made clear that any subsequent allottee, shall also be heard while deciding the appeal on merits.

¶6The writ petition stands disposed off. Order Date :- 15.12.2023 VNP/- High Court of Judicature at Allahabad, Lucknow Bench