STATE OF UTTAR PRADESH Vs. MANOJ SINGH

JUDGEMENT

(1.) Delay condoned.

(2.) Special Leave granted.

(3.) Heard counsel on both sides. The impugned order appears to have been passed ex parte, i. e. , before the respondents had filed their counter and the petition was retained as part-heard by the division bench of the High court. However, from the order itself it becomes obvious that the only thing that happened was that the Standing Counsel for the State was present on service of advance copy and he had asked for time to file a counter. He was given a month's time and the petitioner time of three weeks to file a rejoinder. The petition was ordered to be listed for admission on expiry of the said time. In the circumstances, it is difficult to understand how the matter could be described as 'part-heard' and retained by the division bench. Such a practice is not desirable as it tends to give rise to avoidable speculation. We, therefore, set aside the impugned order and remit the matter to the High court to be disposed of by an appropriate bench of which the learned Judges who passed the impugned order are not members.