Supreme Court - Daily Orders
Ram Ratan vs The State Of Uttar Pradesh on 1 April, 2022
Bench: A.M. Khanwilkar, Abhay S. Oka
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2022
(Arising out of SLP(C)No. 983 of 2019)
RAM RATAN & ANR. Appellant(s)
VERSUS
THE STATE OF UTTAR PRADESH & ORS. Respondent(s)
O R D E R
Leave granted.
This appeal takes exception to the judgment and order dated 03-08-2018 passed by the High Court of Judicature at Allahabad in WC No. 36819/2012.
Heard learned counsel for the parties. Essentially, the impugned order appears to be a default order albeit on merits, passed in absence of the learned counsel for the petitioners. Even if the High Court was justified in doing so, considering the nature of assertions made in the writ petition, it would have been appropriate to call upon the respondent-State to file counter affidavit and then answer the matters in Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2022.04.05 16:50:43 IST issue.
Reason:
Resultantly, we deem it appropriate, in the interest 2 of justice, to set aside the impugned judgment and order and restore the writ petition to the file of the High Court for being heard on merits afresh. All contentions available to the parties are left open.
The parties to appear before the High Court on 04.05.2022, when the High Court may proceed to hear the remanded matter on that day or assign a suitable date for disposing of the same expeditiously. The respondent-State shall reply affidavit in response to the restored writ petition on or before 30.04.2022.
The appeal is disposed of in the above terms. Pending applications, if any, stand disposed of.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(ABHAY S. OKA) NEW DELHI;
APRIL 01, 2022.
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ITEM NO.32 Court 3 (Video Conferencing) SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 983/2019
(Arising out of impugned final judgment and order dated 03-08-2018 in WC No. 36819/2012 passed by the High Court Of Judicature At Allahabad) RAM RATAN & ANR. Petitioner(s) VERSUS THE STATE OF UTTAR PRADESH & ORS. Respondent(s) (IA No. 178445/2018 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT, IA No. 178446/2018 - EXEMPTION FROM FILING O.T., IA No. 27120/2020 - EXEMPTION FROM FILING O.T., IA No. 13276/2019 - INTERVENTION/IMPLEADMENT, IA No. 27119/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 01-04-2022 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Mr. Abhishek Atrey, AOR Mr. Akash Giri, Adv.
Ms. Ambika Atrey, Adv.
Ms. Vidyottma Jha, Adv.
For Respondent(s) Mr. V.K. Shukla, Adv.
Mr. Rajeev Kumar Dubey, Adv. Mr. Ashiwan Mishra, Adv. Mr. Kamlendra Mishra, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of in terms of the signed order.
Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)
[Signed order is placed on the file] 4