Court No. - 34
Case :- WRIT - C No. - 26783 of 2018 Petitioner :- Haji Ishtiyaq Ahamad And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Surendra Singh,Shri Ashok Khare, Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Ashok Khare, Senior Advocate assisted by Sri Surendra Singh, learned counsel for petitioner and learned Standing Counsel for State.
2. It is contended that vide order dated 02.04.2018, Sub- Divisional Magistrate, Mandal Varanasi, District Varanasi has cancelled order dated 01.07.2013 and 20.05.2015 though both orders were already set aside by judgment dated 02.12.2014 passed in Writ C No. 55082 of 2013 and dated 08.08.2016 passed in Writ C No. 36344 of 2015 and instead of deciding the issue in question, he has acted wholly illegal. Aforesaid judgements are also on record.
3. In my view, matter requires consideration.
4. Respondents- 1 to 3 are represented by learned Standing Counsel. He prays for and is allowed two weeks' time for filing counter affidavit.
5. Issue notice to respondents- 4 and 5 by registered post A.D. as well as Courier as approved by Office Memorandum dated 15.12.2015 under Order V, Rule 9(3) C.P.C. returnable at an early date. Steps be taken within a week.
6. Respondents- 4 and 5 may also file counter affidavit within ten days after receiving of notice.
7. Until further orders, impugned order dated 02.04.2018 shall remain stayed.
Order Date :- 24.8.2018 Siddhant Sahu