Indra Kumar v. State of U.P. Thru. Prin. Secy. Deptt. of Finance and Audit U.P. Lko. and Others

Chief Justice's Court Case :- CIVIL MISC REVIEW APPLICATION No. - 125 of 2023 Applicant :- Indra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Finance And Audit U.P. Lko. And Others Counsel for Applicant :- Girish Chandra Verma Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Rajan Roy,J. Heard Shri Girish Chandra Verma, learned counsel for the applicant seeking review of the judgment dated 22.09.2023. Considering the order proposed to be passed issuance of notice to the respondents is dispensed with. Shri Girish Chandra Verma, learned counsel for the applicant expressed an apprehension that the writ Court might be influenced on merits by the recitals in the judgment and requested for a clarification only on this aspect of the matter. Although, there is already an observation in the judgment dated

22.09.2023 to the effect that we have not made any comments on the merits of the assertions or counter-assertions of the parties herein and we have no doubt in our mind that the words in the second last paragraph of the said judgment requesting the learned Single Judge to reconsider the writ petition in the light of the observations made in the said judgment, only means, that the arguments and also relevant aspects which have not been considered and the law on the subject as referred in our judgment have to be considered by the learned Single Judge, but to allay any confusion in this regard, we make it clear that we have not at all adjudicated the merits of the issues involved which shall be seen by the writ Court independently and objectively in the light of the law discussed and all pleas in this regard are open for consideration by the writ Court. With the aforesaid observations/ directions, the review application is disposed of. . (Rajan Roy,J.) (Pritinker Diwaker,CJ) Order Date :- 28.10.2023 R.K.P./Rajesh High Court of Judicature at Allahabad, Lucknow Bench