Shishir Shailesh And Another Vs Baikunth And 20 Others

Allahabad High Court (Single Judge)

MATTERS UNDER ARTICLE 227, 3175 of 2015, Judgment Date: Jul 10, 2015

Case :- MATTERS UNDER ARTICLE 227 No. - 3175 of 2015
Petitioner :- Shishir Shailesh And Another
Respondent :- Baikunth And 20 Others
Counsel for Petitioner :- Ashish Kumar Srivastava
Hon'ble Manoj Kumar Gupta,J.
Counsel for the petitioners, on the basis of instructions received by
him, has made a statement before the Court that the Presiding
Officer, who heard the arguments ex-parte on 2.4.2014 and
reserved the case for orders, has since been transferred without his
having delivered final judgment in the appeal. A supplementary
affidavit to the said effect has also been brought on record.
It is, thus, submitted that the petitioners can always be given
opportunity to advance their arguments and the orders passed by
the courts below rejecting the application filed by the petitioners
for recall of the order for ex-parte hearing, are therefore manifestly
illegal.
Prima facie, the contention appears to have force.
Issue notice to the respondents by registered post. Steps to be
taken within a week.
All the respondents may file their counter affidavit within one
month.
List in the week commencing 10.8.2015.
In the meantime, in case any date for final hearing of the appeal is
fixed, the same shall be adjourned and some date after 10.8.2015
shall be fixed, in case any application in that regard is filed by the
petitioner before the appellate court.
(Manoj Kumar Gupta, J.)
Order Date :- 9.7.2015
SL