TIWARI MANISH Vs. STATE OF U. P.

JUDGEMENT

(1.) In Special Appeal Defective No. 1048 of 2021 (hereinafter referred to as the "appeal-1"), there is delay of 807 days in filing the appeal. It is a fact that the appellants in this appeal never felt aggrieved by the order passed by the learned Single Judge. Neither they preferred any appeal before this Court nor any Special Leave Petition before Hon'ble the Supreme Court. It is only after the order by Division Bench was passed on September 14, 2021, it is claimed by learned counsel for the appellants that the present appellants had filed Special Leave Petition (Civil) Diary No. 22340 of 2021 before Hon'ble the Supreme Court challenging the order dated September 14, 2021 which was passed by Division Bench of this Court. The Special Leave Petition was filed nearly two years after passing of the order by learned Single Judge. The same was filed along with an application for permission to file Special Leave Petition as the appellants were not the parties before this Court in the appeal, which was decided by Division Bench vide the order impugned before Hon'ble the Supreme Court. The same was not entertained and dismissed vide order dated October 29, 2021 relegating the appellants to avail of their appropriate remedy. The present appeal was filed about two months thereafter.

(2.) Considering the fact that there was delay of about two years by the present appellants to avail of their any remedy against the order passed by the learned Single Judge before they preferred Special Leave to Appeal Petition before Hon'ble the Supreme Court, we do not find that any case is made out to condone the delay, even if the period spent in pursuing the Special Leave to Appeal Petition before Hon'ble the Supreme Court is ignored. Any judgment or order passed by Court does not give a cause of action to a party to approach the Court. The cause of action arises from the order passed by learned Single Judge. In view thereof, the present appeal deserves to be dismissed on the ground of delay only.

(3.) In Special Appeal Defective No. 92 of 2022 (hereinafter referred to as "appeal-2"), there is delay of 874 days in filing the appeal. The appellants in this appeal neither preferred any appeal before this Court nor any Special Leave to Appeal Petition before Hon'ble the Supreme Court before the order by Division Bench was passed on September 14, 2021. It is stated that the order dated September 14, 2021 passed by the Division Bench was challenged by some similarly situated persons before Hon'ble the Supreme Court by filing the Special Leave to Appeal Petition and to avoid the multiplicity of the litigation, the appellants in this appeal were waiting for the decision by Hon'ble the Supreme Court and it is only after the same was dismissed, they have approached this Court by means of the present intra-Court appeal. We do not find the explanation to be satisfactory and in our view, this appeal also deserves to be dismissed on the ground of delay alone.