Court No. - 38
Case :- WRIT - A No. - 10390 of 2019 Petitioner :- Manish Kumar And 2 Others Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Siddharth Khare Counsel for Respondent :- A.S.G.I.,Himkanya Srivastava
Hon'ble Ashwani Kumar Mishra,J.
In identical matter being Writ A No.7626 of 2019 (Santosh Kumar and 7 Others Vs. Union of India and 3 others, this Court has passed following orders today:-
"Heard Sri Siddharth Khare, learned counsel for the petitioners and Sri A.K. Goswami holding brief of Sri Sabhajeet Singh, learned counsel for the respondents.
Following orders were passed in the matter on 12.7.2019:-
"Despite grant of opportunity, learned counsel for the respondents has not filed counter affidavit.
It is urged on behalf of the petitioners that controversy raised in the present matter stands adjudicated by this Court vide judgment delivered in Writ Petition No. 2813 of 2017 (Ran Vijay Singh and 34 Others Vs. Union of India and 6 Others). It is also submitted that this judgment has been affirmed in Special Appeal.
Learned counsel for the respondents may either file a counter affidavit by the next date fixed or may take instructions as to whether any opportunity of hearing has been given to the petitioner in the matter before passing the order.
Post as fresh on 19.7.2019."
A counter affidavit has been filed on behalf of the respondents, to which a rejoinder has also been filed today. It is admitted in the counter affidavit that no show cause notice has been issued to the petitioners. The facts of the present case are otherwise covered by the adjudication of this Court made in Writ Petition No. 2813 of 2017 (Ran Vijay Singh and 34 Others Vs. Union of India and 6 Others).
In view of the above, this writ petition succeeds and is allowed. The orders impugned dated 8.5.2018 as well as 30.11.2018 are quashed. The respondents would be at liberty to proceed in terms of the observations made by this Court in the case of Ran Vijay Singh (supra)."
Facts being identical, this writ petition is also allowed on the same terms.
Order Date :- 30.7.2019 Ranjeet Sahu