Allahabad High Court
M/S RJ NAMKINOSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The writ petition is dismissed as defective.
Summary
The petitioner, M/s Rj Namkinos, challenged an adjudication order dated 30‑04‑2026 and filed an appeal which was dismissed as time‑barred on 09‑09‑2025. Although the court granted time to amend the appeal, the petitioner failed to file any amendment and did not seek any relief against the appellate order. The petition was therefore deemed defective for not challenging a specific order. The court observed that any challenge to the appellate order would have to be filed before a single judge. Consequently, the writ petition was dismissed as defective, with the petitioner directed to pursue appropriate remedies, including filing a fresh petition.
Issues considered
- The petition is defective for not seeking relief against the appellate order
- Whether the writ petition can be entertained despite the appeal being dismissed as time‑barred
Subjects
- procedural defect
- time‑barred appeal
- writ petition
- High Court of Allahabad
- adjudication order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT TAX No. - 2204 of 2026
M/S Rj Namkinos
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Umesh Maurya
Counsel for Respondent(s) : C.S.C.
Court No. - 3
HON'BLE SAUMITRA DAYAL SINGH, J.
HON'BLE SWARUPAMA CHATURVEDI, J.
1. Heard Shri Umesh Maurya, learned counsel for the petitioner and Shri
Ankur Agarwal, learned counsel for the revenue.
2. Though a challenge has been raised to the adjudication order, it is not
disputed, against the adjudication order dated 30.04.2026, the petitioner
had filed appeal which has been dismissed as time barred by order dated
09.09.2025 (Annexure 7 to the writ petition).
3. Despite time granted, no amendment has been filed.
4. Since no relief has been sought against the appellate order, writ petition
is defective.
5. Learned Standing Counsel also points out, if a challenge were to be
raised against the appellate order, the writ petition would lie before the
bench presided over by a learned single judge.
6. In view of the above, present petition is dismissed as defective. It is
left open to the petitioner to avail appropriate remedies including filing a
fresh petition.
(Swarupama Chaturvedi,J.) (Saumitra Dayal Singh,J.)
May 6, 2026
Prakhar
Digitally signed by :-
PRAKHAR SRIVASTAVA
High Court of Judicature at Allahabad
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