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ALLAHABAD HIGH COURT
Dr. Dhananjaya Yashwant Chandrachud, CJ., Yashwant Varma, J.
Uma Singh - Appellant
Versus
State of U.P. And 5 Ors. - Respondent
Special Appeal Defective No. - 147 of 2016
Decided On : 22-02-2016
Reasoned Order - Writ Petition - The court allowed the special appeal and set aside the impugned judgment, restoring the writ petition to the file of the learned Single Judge for disposal afresh.
Fact of the Case:
The appellant filed a writ petition to challenge an order rejecting her candidature as Shiksha Mitra. The writ petition was dismissed by the learned Single Judge due to absence of petitioner's counsel and lack of justification for interference by the Court.
Finding of the Court:
The court found that the impugned order was not reasoned and the issues in the writ petition were not determined, leading to the allowance of the special appeal and setting aside of the impugned judgment.
Issues: The issues revolved around the dismissal of the writ petition due to absence of petitioner's counsel and lack of justification for interference by the Court.
Ratio Decidendi: The court's decision was influenced by the lack of a reasoned order and the failure to determine the issues in the writ petition, leading to the restoration of the writ petition for disposal afresh.
Final Decision: The special appeal was allowed, the impugned judgment was set aside, and the writ petition was restored to the file of the learned Single Judge for disposal afresh.
The appellant filed a writ petition to challenge an order of the Collector, Chitrakoot dated 24 January 2007 rejecting her candidature as Shiksha Mitra. The writ petition has been disposed of by the learned Single Judge in terms of the following order:
1. Called in revised. None appeared to press this writ petition on behalf of the petitioner.
2. It appears that either the cause of action no more survives or the petitioner has lost interest in this matter or it has otherwise become infructuous and, probably for this reason, none is interested to have decided this matter on merits and that is why, counsel for petitioner is absent.
3. However, I myself have gone through the pleadings, grounds as also reliefs sought and find that petitioner is not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for.
4. In view of the above, the writ petition is dismissed.
5. Interim order, if any, stands vacated.?
Ex facie, it appears that the impugned order is not a reasoned order since the issues which arose in the writ petition have not been determined.
Hence, we allow the special appeal and set aside the impugned judgment dated 16 May 2014. Writ-A No. 9563 of 2007 is restored to the file of the learned Single Judge for disposal afresh.
The special appeal is, accordingly, disposed of. There shall be no order as to costs.
Special Appeal Defective No. - 147 of 2016
22.2.2016
Dr. Dhananjaya Yeshwant Chandrachud;CJ., Yashwant Varma, J.
The delay of 236 days in filing the special appeal is condoned since sufficient cause has been shown in the affidavit filed in support of the application.
The application is, accordingly, disposed of.
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