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Allahabad High Court

SHRIDHAR PANDEYversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The petitioner should not be denied the benefit of the earlier order solely for not having filed a certified copy immediately.

Summary

Shridhar Pandey filed a writ petition seeking enforcement of an order dated 21 September 2022 issued in Writ‑A No. 1037 of 2011. The respondent argued that the petitioner could be denied the benefit because he had not filed a certified copy of that order before the concerned respondent. The court examined whether any legal impediment existed to the implementation of the earlier order. It held that no such impediment existed and that the petitioner should not be denied his benefit on that sole ground. Accordingly, the court granted the petitioner liberty to file the certified copy, directing that any interest, if applicable, would be calculated from the date of filing. The writ petition was then disposed of.

Issues considered

  • Whether the petitioner can be denied the benefit of the 21‑09‑2022 order for not having filed a certified copy before the respondent.

Subjects

  • writ petition
  • certified copy
  • implementation of order
  • procedural compliance
  • interest calculation

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                            WRIT - A No. - 5545 of 2026

                                    Shridhar Pandey
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of U.P. And 2 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)        : Pratik Ranjan Singh, Rajesh Kumar
                                                                       Singh
                                    Counsel for Respondent(s)        : Akhilesh Kumar Sharma, C.S.C.

                                    Court No. - 32
                                                HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri Rajesh Kumar Singh, learned counsel for petitioner and Sri
                                    Ashutosh Mishra, Advocate holding brief of Sri Akhilesh Kumar Sharma,
                                    Advocate for Respondents-2 and 3.

                                    2. At this stage, the Court finds that if there is no other legal impediment the
                                    outcome of order dated 21.09.2022 passed in Writ-A No. 1037 of 2011
                                    (Shridhar Pandey vs. State of U.P. and others), 2022:AHC:155634 be
                                    implemented and petitioner may not be denied his benefit on a sole ground
                                    that he has not filed a certified copy of said order immediately before
                                    concerned respondent.

                                    3. Learned counsel appearing for Respondents-2 and 3 fairly submits that
                                    effect of order be looked into by concerned respondent.

                                    4. In aforesaid circumstances, petitioner is granted liberty to file certified
                                    copy of aforesaid order so that respondent may consider its effect. So far as
                                    interest part, if any, is concerned, it will be considered only from the date
                                    petitioner submits certified copy of aforesaid order.

                                    5. The writ petition is accordingly disposed of.
                                    April 20, 2026
                                    AK
                                                                                (Saurabh Shyam Shamshery,J.)




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad


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