Neelam Pandey vs Uniion Of India Throu ...
2017 Latest Caselaw 3529 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- REVIEW PETITION DEFECTIVE No. - 752 of 2014
 
Petitioner :- Neelam Pandey
 
Respondent :- Union Of India Through Secretary, Ministry Of Post Dak And others.
 
Counsel for Petitioner :- Sanjiv Srivastava,Sandeep Dixit,Vijay Dixit
 
Counsel for Respondent :- Ram Lagan Pandey,Vishva Deep Pandey
 

 
Hon'ble Sudhir Agarwal,J.

Hon'ble Ravindra Nath Mishra-II,J.

(C.M.Application 72532 of 2017)

1. Learned counsel for review applicant stated that he filed not only appearance on behalf of review applicant i.e Neelam Pandey but also filed counter affidavit in 2001, but on 16.07.2014 when the writ petition was listed before this Court, his name was not shown in cause list and, therefore, in his absence the order was passed dismissing writ petition filed by Union of India, though challenging the same judgment which was challenged by Union of India in its writ petition, review applicant has also filed writ petition no. 114 (SB) of 2002 and that was pending. As no counsel on behalf of review applicant was present in the Court to point out this fact and, therefore, order passed in writ petition of Union of India is bound to cause serious prejudice to review applicant.

3. The record clearly shows that name of Sri Sandeep Dixit, counsel for review applicant, was not shown in cause list and, therefore, he was not present in Court.

4. Application is allowed. Judgment dated 16.07.2014 is recalled and writ petition is restored to its original number.

5. List writ petition in the next cause list for final disposal.

Order Date :- 23.8.2017

Pachhere/-