Mohan vs Commissioner & Others
2011 Latest Caselaw 3472 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 43
 

 
Case :- WRIT - C No. - 28434 of 2005
 
Application No. 211191 of 2005
 
Petitioner :- Mohan
 
Respondent :- Commissioner & Others
 
Petitioner Counsel :- A.B. Singh
 
Respondent Counsel :- C.S.C.,B.D.Mandyan,R.P.S.Chauhan,S.C.Mandhyan,Satish Mandhyan,V.K. Singh
 

 
Hon'ble Shri Kant Tripathi,J.

Heard learned counsel for the petitioner and the learned standing counsel for the State and perused the record.

This is an application for correction of the order dated 21.07.2011 whereby the dismissal order dated 19.01.2010 was set aside and writ petition no. C-28434 of 2005 was restored to its original number.

Mr. AB Singh, the learned counsel for the petitioner submitted that there was an interim order in favour of the petitioner when the writ petition was dismissed but this Court while restoring the writ petition did not pass any specific order to restore the interim order also. He further submitted that in view of the decisions of the Apex Court in JT 2004(Suppl.2) SC 165 Vareed Jacob v Sosamma Geevarghese & others and of this Court in 2010 (1) ADJ 124 (DB) Jitendra Singh alias Guddan v State of U.P. & others, it could not be inferred that the interim order stood restored, therefore, a specific order was required to be passed.

Keeping in view the facts and circumstances of the case, the order dated 21.07.2011 passed by this Court will be read with the modification that the interim order, which was operative on the date of the dismissal of the writ petition on 19.01.2010 would continue to operate after restoration of the writ petition.

The modification application is, accordingly, allowed.

Order Date :- 3.8.2011

shailesh