Citation : 2022 Latest Caselaw 1714 Tel
Judgement Date : 1 April, 2022
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.120 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of an order
dated 28.12.2021 passed by the learned Single Judge in
W.P.No.27349 of 2022.
The facts of the case reveal that the writ petition was
preferred by the respondent No.5/writ petitioner
challenging the order dated 06.02.2021 passed by the
official respondents. Learned counsel for the
appellant/respondent No.5 has stated before this Court
that the writ petition was preferred on 07.10.2021
suppressing the subsequent order dated 03.07.2021,
which was again in between the same parties and the
learned Single Judge has directed implementation of the
order dated 06.02.2021, which was not in existence.
In the considered opinion of this Court, in all
fairness, the respondent No.5/writ petitioner should have
disclosed the subsequent order dated 03.07.2021.
Resultantly, the order passed by the learned Single
Judge is hereby set aside and the matter is remanded back
to the learned Single Judge and the respondent No.5/writ
petitioner is directed to bring the subsequent order dated
03.07.2021 also on record before the learned Single Judge.
Office is directed to list W.P.No.27349 of 2022 before
the learned Single Judge having roster on 11.04.2022, on
which date the parties shall appear before the learned
Single.
The writ appeal is accordingly allowed.
The miscellaneous applications pending, if any, shall
stand closed. There shall be no order as to costs.
______________________________________ SATISH CHANDRA SHARMA, CJ
______________________________________ ABHINAND KUMAR SHAVILI, J
01.04.2022 vs
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