Supreme Court - Daily Orders
Ganga Prasad vs The District Judge on 1 October, 2021
Bench: A.M. Khanwilkar, C.T. Ravikumar
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2021
(Arising from SLP(C) No. 11203 of 2021)
GANGA PRASAD & ANR. Appellant(s)
VERSUS
THE DISTRICT JUDGE & ANR. Respondent(s)
O R D E R
Leave granted.
This appeal takes exception to the judgment and order dated 07.01.2021 passed by the High Court of judicature at Allahabad in WA No. 38101 of 1999 disposing of the appeal in terms of order, allegedly passed on the same day in Writ A No. 18231 of 2000.
The grievance in this appeal is that the writ filed by the appellants had been disposed of relying on an order passed in Writ A No. 18231 of 2000, which in fact was never passed on that day. That order, however, as can be discerned from the record was passed on 08.01.2021 Signature Not Verified Digitally signed by (next day). This NEETU KHAJURIA Date: 2021.10.04 20:28:49 IST goof up is incomprehensible and Reason: unacceptable.
Learned counsel for the respondents was at pains to 2 persuade us that the fact situation in the writ filed by the appellants as well as in Writ A No. 18231 of 2000 is identical and in the past, the High Court had ordered it to be heard together.
The fact remains that the order passed in cognate writ was not passed on the same day, when the present writ came to be disposed of but on the next day. It is, thus, not a case where the writ filed by the appellants has been disposed of after the order was passed in cognate case.
Accordingly, we set aside the impugned judgment and order and restore the stated writ being Writ A No. 38101 of 1999 to its original number to the file of the High Court, to be decided by the High Court afresh.
Needless to mention that all contentions available to both sides are left open. In other words, it will be open to the respondents to point out the facts asserted in support of the impugned order before this Court.
We are not expressing any opinion either way on the correctness of the said arguments.
If the issues raised in the restored and remanded writ are similar or identical, the High Court may dispose of the same expeditiously.
3The parties to appear before the High Court on 09.11.2021.
The appeal is disposed of in the above terms. No costs.
Pending applications, if any, stand disposed of.
....................,J.
(A.M. KHANWILKAR) ....................,J.
(C.T. RAVIKUMAR) NEW DELHI;
October 01, 2021.
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ITEM NO.40 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). 11203/2021
(Arising out of impugned final judgment and order dated 07-01-2021 in WA No. 38101/1999 passed by the High Court Of Judicature At Allahabad) GANGA PRASAD & ANR. Petitioner(s) VERSUS THE DISTRICT JUDGE & ANR. Respondent(s) IA No. 86463/2021 - EXEMPTION FROM FILING O.T.) Date : 01-10-2021 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Dr. Krishan Singh Chauhan, AOR For Respondent(s) Ms. Charu Ambwani, 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]