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[Cites 3, Cited by 10]

Supreme Court - Daily Orders

Vijay Prakash Bharati vs Union Of India on 2 July, 2018

Bench: Adarsh Kumar Goel, S. Abdul Nazeer

                                                              1

                                                                                                  REVISED
     ITEM NO.27                                   COURT NO.9                       SECTION XI

                                        S U P R E M E C O U R T O F            I N D I A
                                                RECORD OF PROCEEDINGS

            SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 17987/2018
     (Arising out of impugned final judgment and order dated 07-04-2017
     in WA No. 43260/2016 passed by the High Court Of Judicature At
     Allahabad)

     VIJAY PRAKASH BHARATI                                                            Petitioner(s)
                                                             VERSUS

     UNION OF INDIA & ORS.                                                            Respondent(s)

     (With Interim Relief and IA No.82259/2018-CONDONATION OF DELAY IN
     FILING and IA No.82262/2018-EXEMPTION FROM FILING C/C OF THE
     IMPUGNED JUDGMENT and IA No.82258/2018-PERMISSION TO FILE SLP/TP
     and IA No.82266/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS )

     Date : 02-07-2018 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE ADARSH KUMAR GOEL
                             HON'BLE MR. JUSTICE S. ABDUL NAZEER

     For Petitioner(s)                      Mr. Abdul M. Raza,Adv.
                                            Mr. Mohd. Asad Khan,Adv.
                                            Mr. Danish Zubair Khan, AOR

     For Respondent(s)

                         UPON hearing the counsel the Court made the following
                                             O R D E R
                         Heard.    Delay condoned.

                         Permission granted.

In view of the fact that this Court has affirmed the view, taken by the High Court in the relied upon judgment dated 20.04.2009 in Dr. Vishwajeet Singh and Ors. v. State of U.P. and Ors., (2009) 3 AWC 2929, vide order dated 19th January, 2017 in C.A. Signature Not Verified Digitally signed by MAHABIR SINGH Date: 2018.07.03 No(s).6385-6386 of 2010, Sanjeev Kumar Etc. v. State of U.P.& Ors. 15:44:02 IST Reason:

Etc., we do not find any ground to interfere with the impugned order.
2
Since the observations in the last part of the judgment are based on the view taken by this Court in Indra Sawhney Etc. v. Union of India and Ors. Etc., 1992 (Supp.3) SCC 217, which has been reiterated in Ashoka Kumar Thakur v. Union of India & Ors., (2008) 6 SCC 1, after referring to judgment in K.C.Vasanth Kumar & Anr. v.

State of Karnataka, (1985) Supp SCC 714, no interference is called for therewith also.

The special leave petition is accordingly dismissed. Pending applications, if any, shall also stand disposed of.




(MAHABIR SINGH)                          (PARVEEN KUMARI PASRICHA)
 COURT MASTER                                  BRANCH OFFICER
                                           3

ITEM NO.27                     COURT NO.9                       SECTION XI

                     S U P R E M E C O U R T O F            I N D I A
                             RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 17987/2018 (Arising out of impugned final judgment and order dated 07-04-2017 in WA No. 43260/2016 passed by the High Court Of Judicature At Allahabad) VIJAY PRAKASH BHARATI Petitioner(s) VERSUS UNION OF INDIA & ORS. Respondent(s) (With Interim Relief and IA No.82259/2018-CONDONATION OF DELAY IN FILING and IA No.82262/2018-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.82258/2018-PERMISSION TO FILE SLP/TP and IA No.82266/2018-PERMISSION TO FILE ADDITIONAL DOCUMENTS ) Date : 02-07-2018 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE S. ABDUL NAZEER For Petitioner(s) Mr. Abdul M. Raza,Adv.
Mr. Mohd. Asad Khan,Adv.
Mr. Danish Zubair Khan, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Heard. Delay condoned.
Permission granted.
In view of the fact that this Court has affirmed the view, taken by the High Court in the relied upon judgment dated 20.04.2009 in Dr. Vishwajeet Singh and Ors. v. State of U.P. and Ors., (2009) 3 AWC 2929, vide order dated 5th May, 2017 in C.A. No(s).6385-6386 of 2010, Sanjeev Kumar Etc. v. State of U.P.& Ors.

Etc., we do not find any ground to interfere with the impugned order.

4

Since the observations in the last part of the judgment are based on the view taken by this Court in Indra Sawhney Etc. v. Union of India and Ors. Etc., 1992 (Supp.3) SCC 217, which has been reiterated in Ashoka Kumar Thakur v. Union of India & Ors., (2008) 6 SCC 1, after referring to judgment in K.C.Vasanth Kumar & Anr. v. State of Karnataka, (1985) Supp SCC 714, no interference is called for therewith also.

The special leave petition is accordingly dismissed. Pending applications, if any, shall also stand disposed of.




(MAHABIR SINGH)                          (PARVEEN KUMARI PASRICHA)
 COURT MASTER                                  BRANCH OFFICER