Arvind Kumar Chauhan vs State Of U.P. And 5 Others
2016 Latest Caselaw 1774 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 14642 of 2016
 
Petitioner :- Arvind Kumar Chauhan
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Subhash Chandra Tiwari
 
Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

Supplementary affidavit filed today is taken on record.

The petitioner has filed a recall application in writ petition no.16086 of 2011 whereby direction has been recalled for recovery of the amount in question.

Learned counsel for the petitioner has drawn the attention of the Court to an order passed by a Division Bench of this Court in the case of Sanjay Kumar Upadhyay v. State of U.P. and others, Writ-A No.21135 of 2015 against whom a recovery has been issued in compliance of the direction of writ petition no. 16086 of 2011. The order reads as under:-

"We feel in the facts of case that has been so made can be accepted for the simple reason that order dated 01.07.2013 has been passed ex-parte to the petitioner and once petitioner is contending that he would approach the Court concern for recall of the said order and for placing his point of view accordingly, in case such an application is moved within ten days for recall of the order dated 01.07.2013, then in that event till recall application is not decided, recovery be not pressed and after recall application is decided, liberty is given to the petitioner to inform the Court in this regard so that matter be listed again for passing of further consequential order.

List this matter in due course"

In view of the above, the benefits of the interim order passed by this Court in the case of Sanjay Kumar Upadhyay (supra) is extended to the petitioner of this writ petition also.

List this matter in due course.

Order Date :- 22.4.2016

AU