Khursheed Ahamad vs Mobin Ahamad and 13 Others — Allahabad HC (2025) — LawSathi Research

Khursheed Ahamad vs Mobin Ahamad and 13 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of the re-counting fixed for 3rd February 2025 till the next date; Standing Counsel directed to communicate the order to the authority concerned; petitioner permitted to submit downloaded copy subject to later deposit of certified copy; matter listed afresh for 6th February 2025.

Issue for consideration

Whether an interim order was required to protect the petitioner's interest, given that the re-counting was fixed for 3rd February 2025 at 11:00 a.m., a date on which the Court was closed on account of the Basant Panchami holiday and traffic restrictions were possible. +1 more

Court's answer

As an interim measure, the re-counting fixed on 3rd February 2025 shall remain stayed till the next date.

Ratio / Principle

Learned Standing Counsel directed to communicate the order passed that day to the authority concerned forthwith.

Key takeaways

Petitioner at liberty to submit the downloaded copy of the order from the website before the authority concerned, subject to deposit of the certified copy later on.ratio¶¶13
Matter to come up again on 6th February 2025 as fresh.ratio¶¶14
A copy of the present order to be served by learned counsel for petitioner upon learned counsel for the caveator.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Vikram D. Chauhan, J.), WRIT - C No. 3467 of 2025, order dated 2.2.2025 (In Chamber): The writ petition of Khursheed Ahamad against Mobin Ahamad and 13 others was taken up on an urgency application because a re-counting was fixed for 3rd February 2025 at 11:00 a.m., a day on which the Court was closed (Basant Panchami holiday) with possible traffic restrictions. A caveat had been filed by Sri Janardan Yadav on behalf of respondent no.1 (Mobin Ahmad), whose counsel was unavailable on the date. As an interim measure, the Court stayed the re-counting fixed for 3rd February 2025 till the next date, directed the Learned Standing Counsel to communicate the order to the authority concerned forthwith, allowed the petitioner to submit the downloaded copy of the order subject to subsequent deposit of the certified copy, ordered a copy to be served on counsel for the caveator, and listed the matter afresh for 6th February 2025.

In Chamber

Case :- WRIT - C No. - 3467 of 2025

Petitioner :- Khursheed Ahamad Respondent :- Mobin Ahamad And 13 Others Counsel for Petitioner :- Sanjeev Kumar Yadav Counsel for Respondent :- C.S.C.,Janardan Yadav

Hon'ble Vikram D. Chauhan,J.

Heard Sri Sanjeev Kumar Yadav, learned counsel for the petitioner and Sri Dilip Kumar Tiwari, Sri Prabhakar Tripathi and Sri Suryabhan Singh, learned Standing Counsel for the State.

The present writ petition has been placed on the basis of urgency application moved by petitioner as re-counting process is to take place on 3rd February, 2025. The Court is closed on 3rd February, 2025 and as such, matter is taken up on the basis of urgency application. There is caveat filed by Sri Janardan Yadav, Advocate on behalf of respondent no.1-Mobin Ahmad.

Today when the matter is taken up, Sri Sanjeev Kumar Yadav, learned counsel for petitioner has informed that Whatsapp message has been sent to Sri Janardan Yadav, learned counsel for caveator yesterday and he has replied back on Whatsapp message that counsel for caveator is not available today. Copy of the Whatsapp message has been placed before this Court and the same is taken on record.

Since there is caveat in the present case, the matter cannot be taken up. However, learned counsel for petitioner submits that recounting is to take place on 3rd February, 2025 at 11:00 a.m. and the Court being closed tomorrow i.e. 3rd February, 2025 on account of Basant Panchami holiday and there may be traffic restrictions, as such, in order to protect the interest of petitioner, the interim order would be required.

Sri Dilip Kumar Tiwari, Sri Prabhakar Tripathi and Sri Suryabhan Singh, learned Standing Counsel for the State have no objection if the date is fixed in the next week.

Since counsel for caveator is not available today and re-counting is to take place tomorrow i.e. 3rd February, 2025 at 11:00 a.m. and the Court is closed on said date and there may be traffic restrictions, as such, in the interest of justice, as an interim

measure, it is provided that re-counting fixed on 3rd February, 2025 shall remain stayed till the next date.

Learned Standing Counsel is directed to communicate the order passed today to the authority concerned forthwith.

Petitioner would be at liberty to submit the downloaded copy of the order from the website before the authority concerned subject to deposit of certified copy later on.

Let the matter come up again on 6th February, 2025 as fresh.

A copy of the present order shall be served by learned counsel for petitioner to learned counsel for caveator.

Order Date :- 2.2.2025 D. Tamang

Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad