Allahabad High Court
STATE OF U.P. THROUGH MAGISTRATE AND 3 OTHERSversusYASIN
- Decided
Holding
The court held that the delay was not condonable and therefore rejected the application for condonation of delay, resulting in the dismissal of the review petition.
Summary
The State of Uttar Pradesh filed an application seeking condonation of delay in filing a review petition against a 2014 judgment in Yasin v. State of U.P. The Special Leave Petition (Civil) against that judgment was dismissed on 26 November 2019, but the review petition was only filed on 25 March 2021, a delay of about 16 months. The State argued that the delay was due to internal correspondence and the time taken to obtain legal opinions from the Department of General Administration (Civil). The High Court examined the affidavit and, relying on the Supreme Court’s recent decision in Shivamma (Dead) by LRS v. Karnataka Housing Board (2025), held that such an explanation does not justify the inordinate delay. Consequently, the court rejected the application for condonation of delay, and the review petition was also dismissed.
Issues considered
- Whether a delay of approximately 16 months in filing a review petition after the dismissal of a Special Leave Petition can be condoned.
- Whether the explanation of inter‑departmental correspondence and delayed legal opinion satisfies the criteria for condonation of delay under Supreme Court precedent.
Subjects
- condonation of delay
- review petition
- special leave petition
- Supreme Court precedent
- procedural law
- civil procedure
- delay in filing
- judicial review
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CIVIL MISC REVIEW APPLICATION No. - 235 of 2021
State Of U.P. Through Magistrate And 3 Others
.....Applicant(s)
Versus
Yasin
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohan Srivastava, Prabhakar Awasthi
Counsel for Opposite Party(s) : Bhupeshwar Dayal, Devraj Rajvedi,
Surya Shanker Pandey, Vivek Saran
(Elevated)
Court No. - 25
HON'BLE RAJAN ROY, J.
HON'BLE MANJIVE SHUKLA, J.
(Civil Misc. Delay Condonation Application No.1 of 2021)
1. Heard.
2. The case is being taken up through video conferencing.
3. This is an application seeking condonation of delay in filling the review
application against the judgment and order dated 09.04.2014 passed in
Writ Petition (C) No.13218 of 2008 (Yasin Vs. State of U.P. and Others).
4. Against the said judgment and order dated 09.04.2014 a Special Leave
to Appeal (Civil) No.22413 of 2014 (State of U.P. and Others vs. Ram
Prasad) was preferred by the State which was dismissed on 26.11.2019,
thereafter, this review application was filed on 25.03.2021 alongwith an
application for condonation of delay. The same remained pending and has
now come up before this Bench for the first time.
5. We have perused the affidavit filed in support of the application for
condonation of delay in filing the review application. In paragraph No.9 it
has been averred that the SLP was dismissed on 26.11.2019 and in
paragraph No.10, it has been stated that legal opinion was obtained from
DGC (Civil) on 11.02.2020 which itself is after more than two and a half
months of the SLP being dismissed. The affidavit thereafter, goes on to
CMRA No. 235 of 2021
2
narrate as to how the file kept on moving from one section/office to
another which is hardly an explanation much less an acceptable one for
condoning such inordinate delay of about 16 months from the date of
dismissal of SLP days in view of the recent decision of Hon'ble the
Supreme Court in the case of Shivamma (Dead) by LRS vs. Karnataka
Housing Board and Others reported in 2025 SCC OnLine 1969. When
the matter was forwarded to the State Government it asked for proposal to
file review petition before the Apex Court only on 20.08.2020 which is a
good more than ten months after the dismissal of the Special Leave
Petition (Civil). Again legal opinion was sought from DGC (Civil) and
again a letter was written by the Government on 07.09.2020 seeking a
proposal for filing review petition before the Apex Court. The legal
opinion of DGC (Civil) was received on 09.09.2020. So on and so forth
the affidavit goes on to narrate as to how the correspondence took place
between various departments/sections of the State Government.
6. We are of the considered opinion that in view of the recent decision in
Shivamma (Dead) by LRS (supra) this is not at all an acceptable
explanation for such inordinate delay, accordingly, we reject the
application for condonation of delay, consequently, the review application
also stands rejected.
(Manjive Shukla,J.) (Rajan Roy,J.)
September 16, 2026
Piyush/-
Digitally signed by :-
PIYUSH YADAV
High Court of Judicature at Allahabad
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