Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 5840 of 2015 Petitioner :- Gaffar Respondent :- Nagar Panchayat And 6 Others Counsel for Petitioner :- M.J. Akhtar Counsel for Respondent :- Damodar Pandey
Hon'ble Vivek Kumar Birla,J.
Learned counsel for the petitioner has filed mention slip that this case may be taken up out of turn, the mention slip is taken on record.
Heard Sri M.J. Akhtar, learned counsel for the petitioner, Sri Damodar Pandey, learned counsel for the respondents and perused the record.
The present writ petition has been preferred with the prayer to call for the record and set aside the order dated 07.09.2015, passed by District Judge, Kushinagar at Padrauna, in T.A. No. 46 of 2015 (Nagar Panchayat vs. Faffar), filed in Civil Appeal No. 23 of 2014 (Gaffar vs. Nagar Panchayat Hata and others).
On 12.12.2018, the following order was passed :-
"Learned counsel for the petitioner has sent an illness slip today.
Sri Damoday Pandey, learned counsel for the respondents states that the pleadings have been exchanged.
In view of the interim order dated 7.10.2015, he has no objection if the petition is allowed or the matter is remanded back to the District Judge to pass a fresh orders in the transfer application.
List in the next cause list peremptorily."
Today also Sri Damodar Pandey, learned counsel for the respondents submits that he has no objection if the petition is allowed or the matter is remanded back to the District Judge to pass fresh order in the transfer application.
Accordingly the present writ petition is allowed. The order impugned order dated 07.09.2015, passed by District Judge, Kaushinagar at Padrauna is hereby quashed. The matter is remanded back to the District Judge for passing the fresh order on the transfer application, expeditiously, preferably within a period of 15 days from the date of production of certified copy of this order.
Interim order, if any, stands vacated.
Order Date :- 19.12.2018 sailesh