Court No. - 18
Case :- WRIT - A No. - 29395 of 2002 Petitioner :- Gajraj Singh & Others Respondent :- Director Animal Husbandary & Others Counsel for Petitioner :- V. Singh,H.N. Singh,K.K.Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
At the very outset learned counsel for the petitioners submits that in similar circumstances this Court vide its order dated 22.4.2016 allowed Writ A No.33269 of 2002 (Arun Prakash Mishra and another vs. Director, Department of Animal Husbandry, U.P. & others). It has also been apprised that the claim of the petitioners is squarely covered by the judgment dated 18.7.2017 passed in Writ A No.34682 of 1998 (Arun Prakash Mishra & another vs. the Director, Pashu Palan Vibhag & others) wherein the Court had proceeded to allow the writ petition and set aside the order impugned in the said writ petition. However, since the same has been set aside on the ground of infraction of principles of natural justice, the leave was also accorded to the respondents to proceed in the matter afresh after affording opportunity of hearing to the petitioner. He also submits that on account of the interim order accorded by this Court on 26.8.2002, the writ petition is liable to be allowed in terms of orders passed in the case of Arun Prakash Mishra (supra).
The aforesaid fact has not been disputed by other side.
The Court has proceeded to examine the record in question and finds that the controversy involved in the present case is squarely covered by the decision of this Court in the case of Arun Prakash Mishra (supra).
In the interest of justice, this Court is of the considered opinion that the impugned order cannot sustain and the same is accordingly set aside.
In view of the aforesaid, this petition is also allowed with the same terms of orders passed in the case of Arun Prakash Mishra (supra).
Order Date :- 28.11.2017 RKP