SHIV PRAKASH MISRA Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard learned counsel for parties and perused the pleadings of Special Appeal.

(2.) As there is no objection to the application for condonation of delay (C.M.Application No. 46051 of 2013), being allowed, the same is allowed and the delay in filing the Special Appeal against the order dated 9.1.2013 passed in Writ Petition No. 7942 (SS) of 2007, as pointed out by the office, is thus condoned.

(3.) Coming to the merit of the case, learned counsel for appellants submitted that though the case of appellants is different but the Court under the impression that the cause of action is similar to the one as impugned in Writ Petition No. 8464 (SS) of 2007 (Satish Chandra Bajpai vs. State of U.P. & Others) passed the same order vide order dated 9.1.2013, in the absence of learned counsel for appellants. However, it is admitted that the writ petition of appellants had been clubbed with the aforesaid writ petition no. 8464 (SS) of 2007.