SPA/282/2020
2022 Latest Caselaw 3646 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                           COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
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                                 I.A. No. 13022, 13025 to 13028 of 2022
                                 In
                                 SPA No. 282 of 2020
                                 Shri Sanjaya Kumar Mishra, J.

Shri Alok Kumar Verma, J.

Shri Deepak Dhingra and Shri Siddharath Sah, learned counsel for the appellant.

Shri M.C. Pandey, learned Addl. Advocate General with Shri Pradeep Hairiya, learned Standing Counsel for the State / review applicant.

The State has filed this review application for recall of the order dated 29.12.2020 passed by Coordinate Bench of this Court.

The facts are not disputed in this case. Appellant being the petitioner in this case filed an intra-court appeal against the order dated 02.11.2020 passed in WPMS No. 93 of 2014 by the learned Single Judge. On 04.12.2020, the Division Bench took up the matter, allowed the application for amendment, admitted the appeal and stayed the order dated 02.11.2020 and further proceedings of the writ petition. However, in spite of communication of the order, learned Single proceeded to dispose of the writ petition and dismissed the same. This fact was brought to the notice of the Division Bench, hence, the Coordinate Bench in which one of us - Shri Alok Kumar Verma, J, was the Member allowed the application of the appellant and restored the WPMS No. 93 of 2014 to file vide order dated 29.12.2020. This review application has been filed to recall that order i.e. order dated 29.12.2020.

We do not find any reason to recall that order. Since the Appellate Court has stayed further proceedings in the WPMS No. 93 of 2014, learned Single Judge has committed an error on record by proceedings to pronounce the judgment thereon.

It is brought to the notice of this Court that by the time stay order was passed by the Division Bench, learned Single Judge has already reserved the case for pronouncement of judgment. But the fact remains that order of stay was operating from the Appellate Bench. The pronouncement of judgment is definitely improper and illegal, therefore, the writ petition has rightly been restored by the Division Bench. Hence, we do not find any merit in the review application. Accordingly, the same (I.A. No. 13022 of 2022) is rejected.

All the applications I.A. Nos. 13025 to 13028 of 2022 stand disposed of.

Matter be listed before assigned Bench for final disposal.

(Alok Kumar Verma, J.) (Sanjaya Kumar Mishra, J.) 16.11.2022 (Grant urgent certified copy of this order, as per Rules.) SKS