Citation : 2022 Latest Caselaw 21557 ALL
Judgement Date : 16 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 20688 of 2017 Petitioner :- Arvind Kumar Respondent :- Ram Lakhan And Others Counsel for Petitioner :- Anuruddh Prasad,Anand Kumar,Anurag Narain Counsel for Respondent :- Amar Nath Dubey,Sanju Kumari Hon'ble Abdul Moin,J.
(Civil Misc. Application No.34120 of 2018: Application for Modification of the Judgment and Order dated 5.9.2017)
I have heard Sri Vinod Kumar Srivastava, holding brief of Sri Anand Kumar, learned counsel for the petitioner.
This is an application for modification of the order dated 5.9.2017 passed by this Court whereby, the petition filed by the petitioner was dismissed as withdrawn.
The modification is sought by contending that against the order impugned which was challenged in the petition, the petitioner has an alternative remedy of filing of second appeal but inadvertently, from the perusal of the order passed by this Court dated 5.9.2017, it would emerge that no liberty has been granted by this Court. He prays that this order may be modified to the extent that the petitioner be granted liberty to pursue other legal remedies which may be available to him.
Considering the aforesaid, the order is modified to the extent that though the petition has been dismissed as withdrawn, yet it would not prevent the petitioner from availing other remedies available to him in accordance with law.
Accordingly, the application stands disposed of.
Order Date :- 16.12.2022
Rajneesh JR-PS)
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