RINKI Vs. STATE OF U.P

JUDGEMENT

(1.) Heard learned counsel for the petitioner, Shri Rajesh Tiwari for the State and Shri Subhas Bisaria, learned counsel for the opposite parties no. 3, 4 and 5.

(2.) This petition was filed on 5/12/2018 seeking the following relief:-

(3.) Reliance was placed by the petitioner upon a judgment dtd. 3/12/2018 passed by a Coordinate Bench in a bunch of similar petitioners leading petition being 4289 (M/S) of 2014, Ankit Kumar and 7 others Vs. State of U.P. and others. When this petition came up for hearing, this Court found the said judgment to be in conflict with the decision of the Hon'ble Supreme Court, as such, vide order dtd. 17/12/2018 following questions were referred for consideration by a larger Bench:-