Court No. - 18
Case :- WRIT - A No. - 27792 of 2000 Petitioner :- Gajraj Singh Respondent :- Deputy Director, Animal Husbandry Department And Others.
Counsel for Petitioner :- V.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 petitioner submits that the claim of the petitioner 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.
Shri P.K. Pandey, learned Additional Chief Standing Counsel appearing for the State respondents states that the aforesaid writ petition was allowed ex-parte and at no point of time any response was filed by the respondents but so far as the present writ petition is concerned, the detailed counter affidavit has also been filed and the writ petition is liable to be dismissed.
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 and directions as given in the judgement in the case of of Arun Prakash Mishra (supra).
Order Date :- 28.11.2017 RKP