SURENDRA NATH MISRA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Learned standing counsel may file counter-affidavit within four weeks. The petitioner is directed to serve respondent Nos. 4 to 7 personally within two weeks and they may file counter-affidavit within two weeks thereafter. List immediately thereafter.

(2.) We may add that when the Court orders a case to be listed after three weeks, or the Court grants three weeks time to file counter-affidavit and the Court orders that the case be listed thereafter, it means that the case must be listed positively on the 22nd day after that order has been passed, and it is not the discretion of the office to list it at any time after three weeks. The contrary view would mean that the office may list the case after ten years because ten years is also after three weeks. Similarly, when the Court grants two weeks time to file counter and two weeks for rejoinder-affidavit and directs the case to be listed thereafter, it means that the case must be positively listed on the 29th day after the order is passed and the office has no discretion in the matter. If It is a holiday, then immediately thereafter on the next working day the case should be listed. In the present case, since we have directed personal service on respondents within two weeks who may file counter-affidavit within two weeks thereafter it means that this case must be listed on the 29th day from today.

(3.) We are informed that this practice is not being followed by the Registry of Lucknow Bench and cases are not listed for several months. We direct the Registry of this Court to ensure that in future, this order is followed strictly because learned counsel have expressed their grievance that their cases are not listed for long periods despite the orders of the Court. We were informed by some learned counsel about certain malpractices in the Registry. We need not comment on this, but we warn the Registry that violation of this order will entail serious consequences.