Karuna Shanker Tiwari vs Chief Executive Officer Khadi ...
2018 Latest Caselaw 1938 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 
(C.M. Application No.85962 (W) of 2018)
 
In Re:-
 

 
Case :- SERVICE SINGLE No. - 124 of 2003
 

 
Petitioner :- Karuna Shanker Tiwari
 
Respondent :- Chief Executive Officer Khadi Evam Gramodyog And 3 Ors.
 
Counsel for Petitioner :- V.S Tripathi
 
Counsel for Respondent :- Anil Kumar,Ashok Kumar Pandey
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri V.S. Tripathi, learned counsel for the petitioner and Sri Ashok Kumar Pandey, learned counsel for the opposite parties.

By means of this application, the petitioner has prayed for clarification of order dated 09.04.2018 whereby the application for recall/ restoration of the petition was allowed and the petition was restored to its original number.

Learned counsel for the petitioner has submitted that there was an interim order granted by this Court vide order dated 09.01.2003 and the said interim order was being operative in favour of the petitioner but since it was not restored the opposite parties are treating it that the said interim order has been vacated.

Learned counsel for the petitioner has also submitted that it is settled proposition of law that if the writ petition is restored to its original number, the interim order shall stand revived, but the opposite parties are not following the same.

It will be open to the learned counsel for the petitioner to file appropriate application before the writ Court.

As per my opinion, no application for clarification of order dated 09.04.2018 is required.

Since this Court has passed an order for peremptory hearing of this matter on 09.04.2018 but learned counsel for the petitioner has apprised the Court that the matter has been listed for couple of dates but it could not be taken up as it was listed within last few cases of the cause list.

Therefore, it would also be open for learned counsel for the petitioner to make mention before the writ Court for taking up the case but this Court cannot pass any order to that extent.

Accordingly, the application is disposed of finally.

Order Date :- 10.8.2018

Suresh/

[Rajesh Singh Chauhan,J.]