Shyam Kumar v. Union of India and 3 Others
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Case :- WRIT - C No. - 9977 of 2019…
Case :- WRIT - C No. - 9977 of 2019…
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Court No. - 1
Case :- WRIT - C No. - 9977 of 2019
Petitioner :- Shyam Kumar Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Rajendra Prasad Mishra,Ajay Kumar Giri Counsel for Respondent :- Prabhakar Tripathi,C.S.C.,Suresh C. Dwivedi
Hon'ble Ramesh Sinha,J. Hon'ble Ajit Kumar,J.
Heard Sri Rajendra Prasad Mishra, learned counsel for the petitioner, Sri S.C. Dwivedi, learned counsel appearing for the contesting respondents and learned Standing Counsel for the State-respondents.
Sri S.C. Dwivedi, learned counsel appearing for the contesting respondent submits that the controversy has already stood settled by a detailed judgment passed in a bunch of the writ petitions by this Court bearing Writ-C No.43642 of 2018 vide judgment and order dated 12th April, 2019 and he submits that this case may also be disposed of in terms of the said judgment. However, he further submits that the cost part of the judgment be deleted as the petitioner himself is guilty of latches.
We are of the opinion that the petitioner is entitled to the identical relief as given under the judgment dated 12th April, 2019.
Regarding cost we are of the opinion that the petitioner has been virtually forced to this litigation whereas he should have been granted relief in terms of the aforesaid judgment and so we decline to exempt the respondents from paying cost in this case.
In view of the above, the writ petition is disposed of in terms of the judgment passed in Writ-C No.43642 of 2018.
Order Date :- 22.10.2019 Sanjeev
(Ajit Kumar,J.) (Ramesh Sinha,J.)
Colour shows how this judgement treated each authority
Writ-C No.43642 of 2018Referred¶6
Shyam Kumar
Union Of India
3 Others
Ramesh Sinha
Ajit Kumar
As recorded by the court registry
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