Chief Justice's Court
Case :- SPECIAL APPEAL DEFECTIVE No. - 523 of 2018
Appellant :- Smt. Babita
Respondent :- State Of U.P. And 5 Ors
Counsel for Appellant :- Bhupendra Kuamr Tripathi
Counsel for Respondent :- C.S.C.,Arun Kumar Srivastava,Vinod Kumar Tirpathi
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Civil Misc. Delay Condonation Application No.1 of 2018 Heard Mr B K Tripathi, learned counsel for the appellant, Mrs Archana Singh, learned Additional Chief Standing Counsel for the respondent-State and Mr Vinod Kumar Tripathi, learned counsel for respondent no.6.
The appellant prays for condoning 9 days' delay caused in filing the special appeal. The respondents have not filed any reply opposing the prayer till today.
In view thereof and for the reasons stated in the application and in the affidavit filed in support thereof, the delay in filing the special appeal is condoned. The delay condonation application stands disposed of.
Order on Special Appeal:
This special appeal is directed against the order dated 2.7.2018, whereby the writ petition filed by respondent no.6 has been allowed. The writ petition was against the order dated 17.4.2018, whereby the second respondent had directed to hold a meeting of the Gram Sabha afresh for selection of fair price shop dealer. This order was passed, admittedly, at the instance of the appellant, who was respondent no.6 in the writ petition. Learned Single Judge, while allowing the writ petition and setting aside the order dated 17.4.2018, did not issue notice to the appellant (respondent no.6 in the writ petition). This fact has not been disputed and it is also recorded in the second paragraph of the order impugned.
That being so, counsel for the parties have agreed for the order that we propose to pass. Hence, we dispose of this special appeal by the following order:
“The order dated 2.7.2018, impugned in the present special appeal, is set aside and the writ petition (Writ-C No.16360 of 2018) is restored to file. Learned Single Judge is requested to consider and decide the writ petition afresh, after giving an opportunity of being heard to the appellant (respondent no.6).
Counsel for the appellant (respondent no.6) submits that the appellant shall appear before learned Single Judge as and when the matter will be placed for hearing.
Registry is directed to place the writ petition (Writ-C No.16360 of 2018) before learned Single Judge, as fresh matter.”
Order Date :- 23.8.2018 RKK/-
(Dilip B Bhosale, CJ) (Yashwant Varma, J)