HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 23 Case :- SERVICE SINGLE No. - 18240 of 2018 Petitioner :- Tej Pratap Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Dept Of Secondary Edu. & Ors Counsel for Petitioner :- Ratnesh Chandra,Shruti Sahu Counsel for Respondent :- C.S.C.,M P Singh,Mahendra Pratap Singh,R K S Suryavanshi,Ripu Daman Singh,Vinay Misra Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the parties.
Yesterday i.e. 30.04.2019, the judgment of Hari Pal Singh vs. State of U.P. & others reported in [2016 (7) ADJ 655 (LB)] has been placed for seeking reliance thereof by submitting that the present issue is squarely covered with this judgment. Therefore, the case was directed to be listed for today i.e. 01.05.2019 to enable Sri Ratnesh Chandra, learned counsel for the petitioner to go through the judgment of Hari Pal Singh (supra) and address the Court.
Today, Sri Ratnesh Chandra, learned counsel for the petitioner has produced the copy of the judgment and order dated 02.08.2016 passed by the Division Bench of this Court in Special Appeal No.311 of 2016; Hari Pal Singh vs. State of U.P. & others, whereby the special appeal of Hari Pal Singh has been allowed and the judgment and order dated 26.07.2016 passed by the learned Single Judge has been set aside directing the Joint Director (Education) of the region concerned to proceed with the matter and determine the respective claims of the parties with expedition.
It is very strange that if copy of any order is produced before the Court, the prior exercise should be undertaken by the counsel who refers the judgment to verify as to whether the said judgment has been assailed or not and if such exercise is not carried out, it would be treated as bad practice for the reason that the Court consumes its precious time in reading out the judgment, which has already been overruled.
List this petition on 08.05.2019 at 3:00 p.m. In the meantime, the learned counsel for the petitioner and learned counsel for all the opposite parties may file their written arguments in the matter and shall exchange the same so that the counsels for the respective parties could know the written arguments of the respective parties.
Interim order, if any, to continue till the next date of listing.
Order Date :- 1.5.2019 Suresh/ [Rajesh Singh Chauhan,J.]