State Water And Sanitation ... vs Shravan Kumar Mishra And 25 Others
2021 Latest Caselaw 2075 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 
Case :- SPECIAL APPEAL DEFECTIVE No. - 93 of 2021
 
Appellant :- State Water And Sanitation Mission And Another
 
Respondent :- Shravan Kumar Mishra And 25 Others
 
Counsel for Appellant :- Sanjay Kumar Om
 
Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

Order on Delay Condonation Application

This application has been filed for condonation of delay in filing this appeal.

Finding reasons to be satisfactory, application is allowed.

Delay in filing this appeal is condoned.

Order on Exemption Application

The application seeking exemption from filing certified copies of the order of the High Court is allowed.

The defect stands cured.

Order on Memo of Appeal

By this appeal, a challenge is made to the judgment dated 06.03.2020.

It is primarily on the ground that judgment impugned has been passed without issuing notice on respondent no. 3 in the writ petition and otherwise without calling the said respondent, thus, the impugned judgment deserves to be set aside. The matter may be remanded back to learned Single Judge for decision afresh after hearing the appellants.

Learned counsel for the non-appellants submits that learned Standing Counsel for the State was heard and in fact there were several similar writ petitions, thus, the prayer made by the appellants may not be accepted.

We have considered the submissions made by learned counsel for the parties and perused the record.

Perusal of judgment shows specific direction on respondent no. 3 in the writ petition i.e. Executive Director, District Water and Sanitation Mission though notice on him was not issued or counsel did not appear on his behalf in absence of service of copy of writ petition, thus, the judgment has been passed by learned Single Judge without an opportunity of hearing to the appellants.

The judgment is accordingly set aside with remand of the case. Office is directed to restore the writ petition and list it before the learned Single Judge on 24.02.2021.

The appellants herein may remain present as now the service on them would be treated as complete, thus, no separate notice would be issued by the learned Single Judge. They may take steps to file counter, if so desire.

Appeal is allowed with aforesaid.

Order Date :- 4.2.2021/ V.S.Singh