The High Court disposed of a special appeal against an ex-parte single judge order. The single judge judgment was set aside and the writ petition restored with liberty to con-.
Impugned judgment dated 18.01.2022 set aside and Writ-C No.35407 of 2021 restored to original number with liberty to.
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Court No. - 3
Case :- SPECIAL APPEAL No. - 149 of 2022
Appellant :- Dr. Firoz Alam Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Pratik Chandra,Sr. Advocate Counsel for Respondent :- C.S.C.,Yogesh Kumar Saxena
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Jayant Banerji,J.
1. Heard Shri Pratik Chandra, learned counsel for the appellant/respondent, learned Standing Counsel for the respondent nos.1 and 2, and Shri Yogesh Kumar Saxena, learned counsel for the respondent nos.3, 4 and 5/petitioners.
2. This special appeal has been filed praying to set aside the judgment and order dated 18.01.2022 passed by the learned Single Judge in Writ-C No.35407 of 2021 (Shafikullah & 2 Ors. vs. State of U.P & 2 Ors.).
3. Learned counsel for the appellant submits that relevant and material facts were not brought to the notice of the learned Single Judge by the respondents/petitioners. Learned counsel for the appellant has drawn our attention to paragraphs 27 to 37 of the affidavit filed in support of the stay application in which the appellant has also stated about the pendency of the writ petition and that the election was held within time. It has also been stated that the impugned judgment and order has been passed ex-parte .
4. It is admitted by the learned counsel for the respondents/petitioners that the impugned judgment and order was passed without affording any opportunity of hearing to the appellant.
5. In view of the aforesaid and without expressing any opinion
on merits of the case of the appellant, this special appeal is disposed of . The impugned judgment and order dated 18.01.2022 is set aside and Writ-C No.35407 of 2021 is restored to its original number.
6. Learned counsel for the appellant/respondent undertakes to file counter affidavit in the aforesaid writ petition within two weeks. The respondents/petitioners may file rejoinder affidavit within next one week and the writ petition shall be listed before the learned Single Judge on 26.05.2022. Liberty is also granted to the learned counsels for the parties to make a mention before the learned Single Judge for taking up of the case on the date fixed.
Order Date :- 28.4.2022 SK
Digitally signed by SUSHEEL KUMAR Date: 2022.04.28 14:14:12 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether a special appeal filed against an ex-parte judgment should be disposed of on merits by this Court when the order was passed without hearing the appellant.
Dr. Firoz Alam
State Of U.P.
Surya Prakash Kesarwani
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
