Citation : 2023 Latest Caselaw 10543 ALL
Judgement Date : 10 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 18 Case :- WRIT - A No. - 3422 of 2019 Petitioner :- Ram Karan Respondent :- State Of U.P. Thru. Prin. Secy. Rural Development And Others Counsel for Petitioner :- Ninnie Shrivastava,Sushma Shukla Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard learned counsel for the petitioner as well learned Additional Chief Standing Counsel for the respondents.
2. Today when the case has been taken up, 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 petitioner in this case.
3. The Court has also gone through the judgment annexed as Annexure - 2 to the writ petition filed by the petitioner. 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.
4. 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.
5. The petition is allowed in the same terms, meaning thereby, the petitioner shall be entitled to the benefit of the observations/directions contained therein on the same terms.
Order Date :- 10.4.2023
A. Verma
(Alok Mathur, J.)
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