SPA/15/2023
2023 Latest Caselaw 220 UK

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                                  SPA No. 15 of 2023

                                  Shri Vipin Sanghi, C.J.
                                  Shri Alok Kumar Verma, J.

Mr. Shubhang Dhobal, learned counsel for the appellant.

Mr. Ganesh Kandpal, learned counsel for the respondent no. 1.

Mr. Parikshit Saini, learned counsel for the respondent no. 2.

Mr. Shailendra Nauriyal, learned counsel for the respondent no. 3.

Issue notices.

Learned counsels for the respondents appear and accept notices.

Learned counsel for the appellant points out that the impugned judgment has been passed without granting an opportunity to the appellant or the other respondents to file their respective counter affidavits.

The writ petition was listed before the learned Single Judge on 14.12.2022. On that day, the Court directed that copy of the petition be served on the counsel for the appellant. Matter was adjourned to 19.12.2022. On 19.12.2022, without calling for a counter affidavit of any of the respondents, petition has been allowed.

It is further pointed out that there is no reason to be found in the impugned judgment for allowing the same.

Having been perused the record, we are inclined to stay the operation of the impugned judgment.

List the appeal on 27.06.2023. In the meantime, the respondent no. 2 and 3 may file their counter affidavits. Since, no counter affidavit was called in the writ

petition.

(Alok Kumar Verma, J.) (Vipin Sanghi, C.J.) 12.01.2023

Kaushal/PN