Ram Jatan Sharma And Another vs State Of U.P. Thru ...
2022 Latest Caselaw 12871 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 
Case :- WRIT - A No. - 7835 of 2013
 
Petitioner :- Ram Jatan Sharma And Another
 
Respondent :- State Of U.P. Thru Prin.Secy.Rural Development Deptt.And Ors.
 
Counsel for Petitioner :- R.P. Maurya,Mukul Misra,Ninnie Shrivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajan Roy,J.

On 18.08.2022, the following order was passed:-

"List this case on 25.08.2022.

Learned Standing Counsel appearing for the State-Respondents shall inform this Court as to whether the case of the Petitioners is covered by the order passed in Special Appeal Defective No. 447 of 2017, State of U.P. and others Vs. Ram Babu Kushwaha."

Today Shri Vivek Shukla, learned Additional C.S.C. informed the Court that having gone through the judgment passed in Special Appeal Defective No. 447 of 2017, State of U.P. and others Vs. Ram Babu Kushwaha; what comes out is that the aforementioned order covers the case of the petitioners in this case.

The Court has also gone through the judgment annexed as Annexure - A1 to the application for disposal of the writ petition filed by the petitioners. A bunch of writ petitions were decided, leading writ petition being Writ A No. 50351 of 2013, Jagmohan & another Vs. State of U.P. and others. One of the petition's in the bunch was Writ A No. 38101 of 2014, Ram Babu Kushwaha Vs. State of U.P. and others.

In view of the fact that the issue involved is covered by the said judgment which has been upheld in Special Appeal Defective No. 474 of 2018 and connected appeals decided on 29.08.2018 and Special Leave to Appeal bearing no. 33774 of 2018, State of U.P. and others Vs. Ram Babu Kushwaha has been dismissed on 11.01.2019, therefore, this petition is also allowed in terms of the aforesaid decisions of the single judge dated 27.02.2017, Division Bench judgment dated 29.08.2018 and the decision in the S.L.P. dated 11.01.2019.

The petitions are allowed in the same terms, meaning thereby, the petitioners shall be entitled to the benefit of the observations/directions contained therein on the same terms.

Order Date :- 13.9.2022/Lokesh Kumar