Supreme Court - Daily Orders
Ghurabhari(D) Thourgh Lrs. And Ors. vs Deputy Director Of Consolidation on 26 November, 2021
Bench: Hemant Gupta, V. Ramasubramanian
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. __________ OF 2021
[@ SPECIAL LEAVE PETITION (C) NO. 7851 OF 2018]
GHURABHARI(D) THOURGH LRS. AND ORS. Appellant (s)
VERSUS
DEPUTY DIRECTOR OF CONSOLIDATION & ORS. Respondent(s)
O R D E R
Leave granted.
The challenge in the present appeal is to an order passed by the High Court of Judicature at Allahabad on 06.10.2017 whereby an application for restoration of the writ petition, which was dismissed on default on 14.03.2013, was dismissed.
The order of the High Court shows that the writ petition was dismissed on default on 14.03.2013 and an application for restoration was filed on 23.07.2015. The ground to seek restoration was that the case could not be marked in the list. For such mistake, the affidavit in support of the restoration application was filed by the Clerk of the advocate of the appellant.
We do not find any error in filing of the Signature Not Verified affidavit by the Clerk when the mistake is of marking Digitally signed by Jayant Kumar Arora Date: 2021.11.29 17:02:01 IST Reason: of a matter in the list. We find that the order of the High Court causes injustice to the appellants.
In view of the above, the impugned order dated 2 06.10.2017 dismissing the restoration application is set aside. The order dated 14.03.2013 dismissing the Writ Petition, being Writ-B No. 14237 of 1993 is also set aside and the writ petition is ordered to be restored to its original file.
The High Court shall decide the writ petition on merits in accordance with law.
In view of above, the civil appeal is disposed of.
Pending interlocutory application(s), if any, is/are disposed of.
.......................J. [ HEMANT GUPTA ] .......................J. [ V. RAMASUBRAMANIAN ] New Delhi;
NOVEMBER 26, 2021.
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ITEM NO.31 Court 11 (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). 7851/2018
(Arising out of impugned final judgment and order dated 06-10-2017 in CMRA No. 244719/2015 in Writ-B No. 14237/1993 passed by the High Court Of Judicature At Allahabad) GHURABHARI(D) THOURGH LRS. AND ORS. Petitioner(s) VERSUS DEPUTY DIRECTOR OF CONSOLIDATION & ORS. Respondent(s) Date : 26-11-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. Tripurari Ray, Adv.
Mr. Balwant Singh Billowria, Adv. Mr. Suresh Kumar Sharma, Adv.
Mr. Nithyananda Murthy P., Adv. Ms. Bhanuprabha, Adv.
Mr. Anirudh Ray, Adv.
Mr. Manu Shanker Mishra, AOR For Respondent(s) Mr. Yatinder Sharma, Sr. Adv.
Mr. Prashant Kumar, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The Civil Appeal is disposed of in terms of the signed order. Pending interlocutory application(s), if any, is/are disposed of.
(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR) COURT MASTER COURT MASTER
(Signed order is placed on the file)