SPECIAL APPEAL DEFECTIVE No. 436 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. - 436 of 2026 Madhu Nandani .....Appellant(s) Versus District Magistrate And 2 Others .....Respondent(s) Counsel for Appellant(s) : Gautam Kumar, Somesh Khare Counsel for Respondent(s) : C.S.C. Court No. - 39 HON'BLE SAUMITRA DAYAL SINGH, J. HON'BLE ARUN KUMAR, J. Re: C.M. Delay Condonation Application No. 01 of 2026 1. Present appeal has been filed carrying a delay of 11 days. 2. Cause shown sufficient. Delay in filing the appeal is condoned. 3. Application is allowed. Order on Appeal 4. Heard Shri Somesh Khare, learned counsel for the original petitioner/appellant and Shri Arimardan Singh Rajput, learned Additional Chief Standing Counsel for the State-respondents. 5. Having heard learned counsel for the parties and having perused the record, we find the order dated 08.04.2026 passed by learned single judge in Madhu Nandani vs District Magistrate Varanasi And Others, 2026:AHC:77271 appears to be unintentionally harsh. Though it cannot be disputed that the petition had earlier been dismissed for want of prosecution once, on 25.02.2014, at the same time, against the said order, a recall application was filed on 24.03