Court No. - 10
Case :- SPECIAL APPEAL No. - 536 of 2018 Appellant :- Mazhar Alam And Another Respondent :- Dm Siddharthnagar And 2 Others Counsel for Appellant :- Hritudhwaj Pratap Sahi,Samarath Singh,Sankalp Narain Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Jayant Banerji,J.
This Special Appeal has been filed against the judgment and order dated 17 May 2018 of a learned Judge of this Court by which Writ-A No. 25296 of 1995 that had been filed for quashing the orders dated 31 August 1995 and 24 August 1995 passed by the District Development Officer and the District Magistrate, Siddharthnagar respectively has been dismissed.
It is submitted that by learned counsel for the appellants that the counsel for the petitioners could not appear before the learned Judge as the name of counsel for the petitioner was not printed in the cause list. It is also submitted that cause of action still survives but as the matter has been decided on merits, a recall application cannot be filed.
In the absence of counsel for the petitioners, the learned Judge has, after reading the pleadings, found that the petitioners have not been able to make out a case for the Court to interfere. The learned Judge has also observed that the matter may have been rendered infructuous as counsel for the petitioners has not appeared. It was not possible for the learned counsel for the petitioners to have appeared before the Court as his name was not printed in the cause list.
We, therefore, in the facts and circumstances of the case, set aside the judgment and order dated 17 May 2018 and restore the writ petition to its original number.
When the writ petition is listed, the name of counsel for the petitioners shall be shown in the cause list.
The Special Appeal is allowed.
Order Date :- 30.5.2018 sfa/