Disposed

The Union of India and Ors. v. Vishwanath Mehta

Patna HC1 Jan 2012CWJC/49/2012

Case brief

AI extract

What is this about?

The Division Bench directed counsel to serve notices to the respondent regarding the petition's pendency and cited relevant precedents. Pending a Larger Bench reference, the registrar was instructed to obtain listing instructions, and the respondent-petitioner was allowed to file a response.

What did the court decide?

No substantive relief was granted; procedural directions were issued regarding notice service, listing for larger bench reference, and filing of response.

The Union of India and Ors. Vs Vishwanath Mehta — Civil Procedure and Limitation | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.49 of 2012

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======================================================

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THE UNION OF INDIA and ORS

... ... Petitioner/s

Versus

VISHWANATH MEHTA

... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Bindhyachal Singh, Advocate Mr. Manish Prakash, Advocate For the Respondent/s : Mr. Sanjay Kumar Choubey, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER

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(Per: HONOURABLE THE CHIEF JUSTICE)

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4 11-04-2019 Learned counsel for the petitioner contends that after the writ petition has been restored, the name of the learned counsel who had appeared in the restoration matter has not been shown in the cause list.

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It has also been pointed out that the matter stands covered by the Division Bench judgement of this Court in the case of Union of India & Ors. Vs. R.D. Pathak (C.W.J.C. No. 22687 of 2011) decided on 24.07.2015 and the judgement in the case of Union of India & Ors. Vs. Arun Kumar Ojha (C.W.J.C. No. 925 of 2012) decided on 29.02.2012. It is pointed out that in view of the Circulars of the Railway Board, it is evident that the penal rent can be realized and penalty can be imposed. Thus, orders passed by the Tribunal similar to that which is impugned

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Patna High Court CWJC No.49 of 2012(4) dt.11-04-2019 2/3

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in the present writ petition have been reversed by this Court.

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From the restoration order we find the mention of the

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name of Mr. Kumar Mangalam as counsel for the opposite party. But no such counsel appears to be enrolled as per the website information and, at the same time, we find that Shri M.P. Dikshit had appeared as a counsel for the respondent along with one Shri Mukund Jee before the Central Administrative Tribunal.

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In order to avoid any further delay in the matter and the fact that notices had earlier also been issued, we direct learned counsel for the petitioner to serve notices on Shri Sanjay Kumar Chaubey, holding the brief of Shri M.P. Dikshit, Advocate, about the pendency of this petition who may obtain instructions from the respondents in the matter keeping in view the aforesaid judgements which have been cited at the Bar.

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It has been pointed out by Shri Chaubey that the judgements that have been relied upon appear to have been made a subject matter of reference before a Larger Bench in C.W.J.C. No. 8751 of 2014 (Union of India & Ors. Vs. Smt. Dazi Singh and Ors.) connected matters vide a order dated 20^th December, 2016.

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The Registrar (Listing) is directed to obtain

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Patna High Court CWJC No.49 of 2012(4) dt.11-04-2019 3/3

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instructions for the listing of the reference, if any, pending in this matter before the appropriate Bench.

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In the mean time, learned counsel for the respondentpetitioner may also file his response in the present case. It shall be listed along with the matters which have been referred to the Larger Bench.

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(Amreshwar Pratap Sahi, CJ)

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( Anjana Mishra, J)

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K.C.Jha/Uma/-

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The Union of India and Ors. v. Vishwanath Mehta

Case brief

What is this about?

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The Union of India and Ors. v. Vishwanath Mehta

Case brief

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