Allahabad High Court
SPLAD/109/2020 of DURGA PRASAD Vs STATE OF U.P. THROUGH SECY. SOCIAL WELFARE LKO. and OTHERS on 17 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW SPECIAL APPEAL DEFECTIVE No. - 109 of 2020 Court No. - 1 HON'BLE RAJAN ROY, J. HON'BLE RAJEEV BHARTI, J. (Order on Delay Condonation Application) 1. Heard. 2. This appeal has been filed by the appellant on 26.02.2020 challenging the judgement and order dated
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
SPECIAL APPEAL DEFECTIVE No. - 109 of 2020
Court No. - 1
HON'BLE RAJAN ROY, J.
HON'BLE RAJEEV BHARTI, J.
(Order on Delay Condonation Application)
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1. Heard.
2. This appeal has been filed by the appellant on 26.02.2020 challenging the judgement and order dated 3.8.2015 passed by learned Single Judge in Writ Petition No. 5770 (S/S) of 2013.
3. The appeal is apparently delayed and as per the report, the delay is of about 1637 days i.e., more than 5 years.
4. We have perused the affidavit in support of the application for condonation of delay. The only reason mentioned therein is non- communication of the order dated 3.8.2015 passed in the writ petition by the counsel Shri Ravindra Kumar Yadav, however, there is no explanation as to why if the appellant had filed a writ petition, he did not pursue the matter by meeting his counsel and trying to know the status of the case. The affidavit also does not disclose any action having been taken against his counsel or complaint having been made. When tested on the anvil of a Versus Counsel for Appellant(s) : Rajiv Kumar Bajpai, Awadhesh Kumar Mishra, Ravendra Pratap Singh, Sachin Kumar Pandey Counsel for Respondent(s) : C.S.C. Durga Prasad .....Appellant(s) State Of U.P. Through Secy. Social Welfare Lko. And Others .....Respondent(s)
recent decision of the Hon’ble Supreme Court in the case of Shivamma (Dead) by LRS vs. Karnatka Housing Board and another reported in 2025 SCC OnLine 1969 decided on 12.09.2025, we find that the appellant has been negligent in pursuing the matter. No ground is made out for condoning such an inordinate delay.
5. Accordingly, we reject the application for condonation of delay. (Order on Appeal)
6. Consequently, the appeal also stands dismissed. December 17, 2025 Shravan SPLAD No. 109 of 2020 2 (Rajeev Bharti,J.) (Rajan Roy,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench