Special appeal filed against an order of listing a writ petition. The Division Bench held that if similar matters were disposed of, the single judge should be informed, not the Division Bench. Appeal dismissed.
Special Appeal No. 641 of 2018 dismissed.
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Court No. - 21
Case :- SPECIAL APPEAL No. - 641 of 2018
Appellant :- Upendra Singh And 55 Others Respondent :- State Of Up And 2 Others Counsel for Appellant :- Navin Kumar Sharma Counsel for Respondent :- C.S.C.,Bhola Nath Yadav
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is before us to examine correctness of the order dated 21.06.2018 that reads as follows:-
" Heard Sri Navin Kumar Sharma, learned counsel for the petitioners and Sri Vikram Bahadur Yadav, learned Standing Counsel.
Learned counsel for the petitioners during the course of the arguments has contended that the petitioners will perform their duty as assigned by the respondents vide order date 24 May, 2018 (Annexure -1 to the writ petition). In view of the aforesaid statement instant petition is fixed for 10 July, 2018. Learned counsel for the petitioners is directed to file supplementary affidavit bringing on record that the petitioners have complied with the order dated 24 May, 2018.
List this petition on 10 July, 2018."
The order aforesaid clearly indicates that no adverse order to the petitioner has been passed and the writ petition was simply directed to be listed on 10.07.2018. The writ petition aforesaid is yet pending before the learned Single Bench.
Learned counsel for the petitioners states that as a similar writ petition has already been dismissed by learned Single Bench, no occasion was there to adjourn the writ petition for 10.07.2018.
We are of considered opinion that if similar matters have already been disposed of then this fact is required to be brought in knowledge of learned Single Bench and not before the Division Bench.
In view of the above, this appeal is dismissed.
Order Date :- 18.7.2018 Shubham
(Chandra Dhari Singh, J.) (Govind Mathur, J.)
1 issue framed by the court
Whether the High Court Division Bench should have been informed that a similar writ petition had already been dismissed by the Single Bench.
Upendra Singh
State Of Up
Govind Mathur
Chandra Dhari Singh
As recorded by the court registry
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