Rishi Ram Sharma vs State Of U.P.And Others
2011 Latest Caselaw 6301 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Chief Justice's Court
 

 
Case :- SPECIAL APPEAL No. - 2326 of 2011
 

 
Petitioner :- Rishi Ram Sharma
 
Respondent :- State Of U.P.And Others
 
Petitioner Counsel :- Manish Kumar Pandey,V.K.Upadhyay
 
Respondent Counsel :- C.S.C.,A.K.Gupta,Manu Saxena
 

 
Hon'ble Syed Rafat Alam,Chief Justice
 
Hon'ble Ran Vijai Singh,J.

It is urged that the appellant filed caveat application which was notified also, but the petitioner-respondent did not serve copy of the writ petition and an ex-parte interim order has been granted on 17.11.2011. It is further stated that pursuant to the order of transfer dated 23.8.2011, appellant joined on 6.9.2011 but this fact was perhaps not brought to the notice of the Court, and therefore, by the interim order, the order of transfer has been stayed.

Respondent Nos. 1 to 3 are represented by the learned Standing Counsel. Respondents No.4 and 5 are represented by Sri Manu Saxena, Advocate. Nobody has appeared on behalf of respondent No.6 though copy of this appeal was served on Sri A.K. Gupta, Advocate, whose name has also been shown in the cause list.

Issue notice to the respondent No. 6 by Registered Post A.D. returnable within one week.

Considering the submissions made and looking to the facts of the case and also in view of the Division Bench judgment of this Court in 1996(1) UPLBEC 313, C/M Janta Inter College Vs. State of U.P., the order of the learned Single Judge dated 17.11.2011 staying the order of transfer, shall be kept in abeyance until further orders of this Court.

Order Date :- 2.12.2011

NS

(Ran Vijai Singh,J)   (s.R. Alam,C.J.)