HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 35 Case :- WRIT - A No. - 58669 of 2006 Petitioner :- Mohammad Bilal Respondent :- State Of U.P. And Others Petitioner Counsel :- Ashok Kumar Srivastava,Prabhakar Awasthi Respondent Counsel :- C.S.C. Hon'ble Sunil Hali,J.
Vide order dated 26.10.2006, this Court (Hon'ble Justice Arun Tandon) was pleased to dismiss the petition on merits after holding that the petitioner was not eligible for being considered under Rules. An application No. 23298 of 2006 for recall of the aforesaid order was preferred by the petitioner. The said application was dismissed for want of prosecution on 8.2.2008 . Vide order dated 5.12.2008 the said application has been restored. Thereafter vide order dated 5.12.2008 following order has been passed on the writ petition :
" This petition is restored to its original number vide my order of date passed in the Civil Misc. Application No. 232298 of 2006."
Thereafter another order came to be passed by Hon'ble Sunil Agrawal,J. on the main petition dated 12.10.2009.
While scanning through the orders, I find that there is no order recalling the order dated 26.10.2006. The writ petition was dismissed on merits and not for default of appearance of the parties. Reference has been made to the order dated 5.12.2008 whereby the application restoring the recall application was passed. I could not find any order dated 5.12.2008 by virtue of which the order passed on writ petition on 26.10.2006 was recalled. Learned counsel for the petitioner also failed to explain as to how can an order of dismissal passed on merits be restored by filing an application for recalling the said order. The remedy lies in questioning the order in an appeal or by filing a review.
In view of this, let this matter be placed before His Lordship Hon'ble Justice Arun Tandon for appropriate orders.
Order Date :- 19.9.2011 NS (Justice Sunil Hali)