Dr. Rohit Kumar Pandey vs State Of U.P. Thru. Addl. Chief Secy., ...
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Allahabad High Court

Dr. Rohit Kumar Pandey vs State Of U.P. Thru. Addl. Chief Secy., ... on 2 July, 2024

Author: Abdul Moin

Bench: Abdul Moin

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:44930
 
Court No. - 11
 
Case :- WRIT - A No. - 4220 of 2024
 
Petitioner :- Dr. Rohit Kumar Pandey
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy., Deptt. Of Agri. Edu. And Research, Lko. And 5 Others
 
Counsel for Petitioner :- Yadukul Shiromani Srivastava (Y.S.Lohit),Avadhesh Kumar Singh,Shivani Maurya
 
Counsel for Respondent :- C.S.C.,Prashant Kumar Singh,Rajendra Singh
 

 
Hon'ble Abdul Moin,J.
 

(I.A. No. 2 of 2024)

Heard Shri Rajendra Singh, learned counsel appearing for the respondent no. 6 / applicant and Shri Y. S. Lohit, learned counsel appearing for the petitioner.

This is an application praying for recall of order dated 27.05.2024 passed by this Court.

This Court vide the judgment and order dated 27.05.2024 had disposed of the writ petition with the consent of parties on the basis of the consensus at the bar that the matter in issue is squarely covered by a division bench judgment of this Court passed in Writ A No. 7847 of 2022 in re: Dr Mithilesh Kumar Pandey and others vs State of U.P. and others decided on 17.05.2023.

In the application which has been filed on behalf of respondent no. 6 by Shri Rajendra Singh, learned counsel, it has been indicated that as the review application had been filed in the judgement ofDr Mithilesh Kumar Pandey (supra) as specifically stated in paragraph 8 of the said application consequently he does not concede to the aforesaid principles of law laid down by this Court in the case of Dr Mithilesh Kumar Pandey (supra) which fact had also been indicated at the time of dictation of the order dated 27.05.2024.

Considering the aforesaid more particularly when it is being stated at the Bar by Shri Rajendra Singh, learned counsel for the respondent no. 6 that no consensus had been given by him with regard to the division bench judgement of this Court in the case of Dr Mithilesh Kumar Pandey (supra) being applicable but at the same time there is nothing in the application to indicate that the principles of law as laid down by this Court in the case of Dr Mithilesh Kumar Pandey (supra) is not applicable with respect to the petitioner as such even though this Court is of the view that the consensus may not be read against the respondent no. 6 yet there is no occasion for recall of the order dated 27.05.2024.

As such the application is disposed of with the aforesaid observations.

Order Date :- 2.7.2024

J. K. Dinkar