RATAN KUMAR JAIN Vs. STATE OF M P

JUDGEMENT

(1.) This reference is made to the Full Bench in the aforementioned pending writ petition pursuant to the order dated 04.07.2012 passed by the Division Bench in the said writ petition.

(2.) In order to appreciate the issue involved that led to making of the reference, relevant facts need mention in brief infra.

(3.) In a pending writ petition, one by party interim order was passed on 09.08.2005 by the Division Bench comprising of Hon'ble Chief Justice Mr A.K.Patnaik (as His Lordship then was) and Hon'ble Mr. Justice S.K. Agnihotri. An application was then made by respondent No. 5 on 14.03.2012 (I.A. No. 19 of 2012) seeking clarification /modification of order dated 09.08.2005 .The writ petitioner filed his reply on 16.04.2012 to the application. This application was listed for orders before the Division Bench comprising of Hon'ble Mr. Justice Sunil Kumar Sinha and Hon'ble Mr. Justice R. S. Sharma as per roster on 02.05.2012. This Division Bench referring to Rule 40 of the Chhattisgarh High Court Rules (for short hereinafter referred to as "C.H. Rules") directed the Registry to place "this matter (I.A. No.19 /2012 )" before the appropriate Bench.