RAJ BAHADUR PATEL Vs. STATE OF U P

JUDGEMENT

(1.) I agree with the order dated 17th March 2011 of my senior brother that this case alongwith connected matter need be listed for rehearing but find it expedient to add certain reasons.

(2.) The record shows that this case alongwith Writ Petition No. 62708 of 2008 was shown in the cause list dated 24.09.2010 in Court No. 34 at item No. 45. It was endorsed as "PH" (part-heard). The order sheet shows that the judgment was reserved on 24.09.2010 by the Bench consisting of one of us (Hon'ble P.C. Verma, J.) and Hon'ble Ram Autar Singh, J. It is informed by the office that on 22.12.2010 information was given by Sri R.K. Singh, Private Secretary to one of us (Hon'ble P.C. Verma, J.) to Joint Registrar (Listing) for notifying both the above writ petitions for delivery of Judgment/order in computer list on 23.12.2010 before the Bench comprising of Hon'ble P.C. Verma, J. and Hon'ble Ram Autar Singh, J. in Chamber at 1.05 pm with due intimation to learned Counsels appearing for the parties. Accordingly the computer list was printed showing the above two writ petitions at item No. 2 for delivery of judgment/order/opinion in Chamber at 1.05 pm. However, the judgment was not delivered but why it so happen there is nothing on record. In fact no order of 23.12.2010 is either on the order sheet or on any other record.

(3.) Hon'ble Ram Autar Singh, J. retired on 14.01.2011. On the next date, i.e., 15th January 2011 Sri Shailendra Srivastava, Bench Secretary, (Court No. 34) sent a letter alongwith a list of 86 cases. Whom the letter is addressed and what the actual contents are, I am unable to say since I do not have the advantage of perusing the said letter. I find its reference in the memo dated 2nd February 2011 of Joint Registrar (Listing). When I required the Joint Registrar (Listing) to produce the said letter for my perusal, he expressed his inability stating that without permission of Hon'ble the Chief Justice it is not possible. He however told me that after seeking permission he shall make it available for my perusal but having waited for two days, I was not made available the said letter. Hence, without waiting further I am proceeding to complete my order taking gist of the letter from the language, as is referred to, in memo dated 2nd February 2011 of Joint Registrar (Listing).