Siddharth Singh vs State Of U.P. And 4 Others
2021 Latest Caselaw 7979 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 12058 of 2020
 

 
Petitioner :- Siddharth Singh
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- J.P. Singh,Sunil Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

The present petition has been filed challenging the order dated 9.4.2019 passed by the DIOS, Azamgarh (Annexure-21 to the writ petition).

The short submission of the learned counsel for the petitioner is that as the claim of the petitioner was not being considered, the petitioner approached this Court by filing a writ petition, which was disposed off by means of an order dated 21.12.2017 directing the DIOS, Azamgarh to consider and decide the representation of the petitioner by a reasoned and speaking order in terms of the decision rendered in the case of Sushil Kumar Yadav and Another Vs. State of U.P. and others, judgment dated 31.10.2017 passed in Writ-A No. 48244 of 2017, in a time bound manner.

Learned counsel for the petitioner submits that after remand, it was expected that the DIOS shall consider the effect of the judgment of this Court in the case of Sushil Kumar Yadav (supra), as was directed in the order dated 21.12.2017, however, in the impugned order he has not even adverted to any of the directions given in the order dated 21.12.2017.

A perusal of the order dated 9.4.2019 (Annexure-21) clearly demonstrates that the mandate of this Court in the case of Sushil Kumar Yadav (supra) as well as the Full Bench decision of this Court in the case of Santosh Kumar Singh Vs. State of U.P. and others; 2015 (33) LCD 2102, has not even been considered. Accordingly, the order dated 9.4.2019 is set aside. The matter is remanded to the DIOS, Azamgarh to pass a fresh speaking order in the light of the judgment of this Court in the case of Sushil Kumar Yadav (supra) as well as in the light of the judgment of this Court in the case of Santosh Kumar Singh (supra). The said decision shall be taken by the DIOS expeditiously, preferably within a period of eight weeks from the date of filing of a copy of this order before the DIOS.

The writ petition is disposed off in terms of the said order.

Copy of this order downloaded from the official website of this Court shall be accepted/treated as certified copy of this order.

Order Date :- 14.7.2021

S. Rahman