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High CourtsDivision Bench(2011) 12 AHC CK 0055

Judges Colony Residents Welfare Association and Another vs State of U.P. and Others

Allahabad High Court · Decided on 16 December 2011

HON’BLE JUDGES
Satya Poot Mehrotra, J · Pankaj Mithal, J
RESULT
Allowed
CASE NUMBER
Public Interest Litigation (Pil) No. 36383 of 2006
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Judgment

11 paragraphs · 364 words
1.

By the Judgment and Order dated 20.2.2007, the Writ Petition was disposed of by this Court.

2.

Subsequently, an Application being Civil Misc. Recall/Modification Application No. 66347 of 2007 was filed on behalf of the respondent nos. 2 and 3, inter-alia, praying for modification of the said Judgment and Order dated 20.2.2007.

3.

By the Order dated 3rd July, 2007, this Court recalled the said Judgment and Order dated 20.2.2007 and restored the Writ Petition to its original number.

4.

Against the said Order dated 3rd July, 2007, the petitioners herein filed before the Supreme Court, a SLP No. 15706 of 2007 which was subsequently numbered as Civil Appeal No. 2414 of 2009.

5.

By the Order dated 13th April, 2009, their Lordships of the Supreme Court allowed the said Appeal, and set-aside the said Order dated 3rd July, 2007 passed by this Court and remitted the matter to this Court for disposal of the said Recall/Modification Application on merits after giving opportunity of hearing to the parties.

6.

From a perusal of the Order-Sheet, we find that since the matter has been remanded by the Supreme Court, none has appeared on behalf of the petitioners herein on any date.

7.

In the circumstances, we are of the opinion that it will be appropriate that notices be issued to the petitioners herein for appearing in the case so that the aforesaid Recall/Modification Application may be considered after giving opportunity of hearing to the parties, as required by the Order dated 13th April, 2009 passed by the Supreme Court.

8.

We accordingly direct that notices be issued to the petitioners by Registered Speed Post A.D. intimating that they are required to put-in appearance in the case on or before 6.2.2012, and that the case would come-up for consideration before the Court on 10.2.2012.

9.

List this case on 10.2.2012.

10.

Shri A.K. Mishra, learned counsel for the respondent nos. 2 and 3 states that Counter Affidavit on behalf of the respondent nos. 2 and 3 in the main Writ Petition was filed on 7.9.2006.

11.

The Counter Affidavit is not on record. Office is directed to trace the same and place it on record.