HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 8 Case :- MISC. SINGLE No. - 5789 of 1984 Petitioner :- State of U.P. Respondent :- Arjun Singh Counsel for Petitioner :- C.S.C. Counsel for Respondent :- H.S.Sahai,Anant Tewari,Ravi Shanker Tewari And Case :- MISC. SINGLE No. - 5795 of 1984 Petitioner :- State of U.P. Respondent :- Balram Singh Counsel for Petitioner :- C.S.C. Counsel for Respondent :- H.S.Sahai,C.S.C.,Ravi Shanker Tewari Hon'ble Dinesh Kumar Singh,J.
Order on C.M.Application Nos. 31802 & 31803 of 2011
1. Present applications have been filed for recall of the order dated 14-03-2011, whereby writ petitions filed by the State were allowed on merit.
2. Sri Ravi Shanker Tewari, learned counsel for the respondents-applicants submits that he could not appear before the court in the case as in the cause list his name was wrongly mentioned and without checking this fact, the writ petitions got allowed ex-parte without giving any liberty to the respondents-who had succeeded before two courts below. He further submits that the order dated 14-03-2011 may be recalled and the matter may be heard again.
3. On the other hand, Sri Sanjay Mishra, learned Additional Chief Standing Counsel submits that the Judgment and order dated 14-03-2011 is elaborate and the matter has been decided on merit, therefore, recall of the order dated 14-03-2011 passed on merit cannot be allowed. These applications at the best can be treated as review applications.
4. I have heard learned counsel for the respondents-applicants as well as Sri Sanjay Mishra, learned Additional Chief Standing Counsel.
5. Order dated 14-03-2011 whereby the writ petitions have been allowed, would show that this court had dealt with the case on merit in detail and thereafter, writ petitions were allowed.
6. It is not an order whereby the writ petitions were allowed without touching merit of the case. Once, this court had decided the controversy on merit, though ex-parte, only remedy available to the respondents-applicants would be to file review petitions seeking recall of the order dated 14-03-2011.
7. In view thereof, let these recall applications be treated as review applications.
8. Registry is directed to number these recall applications as review applications and thereafter, list it before the court.
9. Sri Sanjay Mishra, learned Additional Chief Standing Counsel is given liberty to file response/Counter Affidavit to the review applications, if he so desires, by the next date of listing.
10.List after three weeks..
Order Date :- 10.11.2021 AKS