State Of U.P. vs Jarnail Singh And Others
2023 Latest Caselaw 6997 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- WRIT - C No. - 3000029 of 1997
 

 
Petitioner :- State of U.P.
 
Respondent :- Jarnail Singh And Others
 
Counsel for Petitioner :- C.S.C.
 
Counsel for Respondent :- C.S.C.,Nazim Ali Siddique
 

 
Hon'ble Abdul Moin,J.

Heard.

In pursuance of order of this Court dated 24.2.2023, the Xerox copy of the digitized judgment passed in Writ - C No. 3000075 of 1998 along with memo of the petition has been placed on record by the Office.

A perusal of the said digitized record would indicate that in Writ Petition No. 75 (Ceiling) of 1998 In Re: Kanhaiya Lal Vs. State of U.P., this Court vide judgment and order dated 31.8.1998 has quashed the order passed by the Additional Commissioner (Judicial) in Appeal No. 286 of 1988-89 dated 7.6.1995.

On 17.2.2023, Shri Nazim Ali Siddique, learned counsel for the respondent no. 1 has stated that in the instant petition also, the order under challenge is an order passed by the Additional Commissioner, Lucknow Division, Lucknow in Appeal No. 286 of 1988-89 In re: Jarnail Singh and others Vs. State of U.P. and Others dated 7.6.1995 and once the said order has already been quashed by this Court in the case of Kanhaiya Lal (supra) as such, there cannot be any occasion for the order impugned in the instant petition to continue.

The aforesaid fact of the order impugned having been quashed in the case of Kanhaiya Lal (supra) is also not disputed by learned Standing counsel more particularly when digitized record of the aforesaid case has been placed on record.

Considering the order impugned dated 7.6.1995 passed in Appeal No. 286 of 1998-89 District Kheri passed by the learned Additional Commissioner, Lucknow Division, Lucknow has already been quashed by this Court in the case of Kanhaiya Lal (supra) so there cannot be any occasion for the continuance of the order impugned dated 7.6.1995.

Accordingly, considering the aforesaid judgment in the case of Kanhaiya Lal (supra) the order impugned dated 7.6.1995 passed by the Additional Commissioner, Lucknow is quashed.

Learned Additional Commission (Judicial) is required to decide the matter afresh keeping in view of the judgment of this Court in the case of Kanhaiya Lal (supra). As the matter is pending since long before this Court as such, requisite order be passed in accordance with law after providing opportunity of hearing to all the parties concerned provided there is no legal impediment within a period of six months from the date of receipt of certified copy of this order.

The writ petition is allowed.

Order Date :- 3.3.2023

Mohit Singh/-