MOHD. MUSTAQUEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) This order will answer the question referred to us by the learned Single Judge in Writ-A Nos. 11430 of 2021, 10004 of 2021 and 10365 of 2021 vide order dated October 26, 2021. In Writ-A No. 11378 of 2022, the same question arises as that in the above writ petitions, which the learned Single Judge has adjourned awaiting our answer vide order dated August 4, 2022. The answer to the question in the three writ petitions, first mentioned, would also serve the purpose of Writ-A No. 11378 of 2022. After answering the question posited to us by the learned Single Judge, the writ petitions would have been placed on board before the learned Single Judge, holding determination over writ petitions of this nature along with our answer. But, what we find is that there are also under challenge before us judgments of the two learned Single Judges of this Court deciding the same issue, with reference to which the question has been referred to us in the three writ petitions, already mentioned. A challenge to the judgments of the learned Single Judge in two writ petitions has been laid by the unsuccessful writ petitioners vide Special Appeal No. 52 of 2022 and Special Appeal Defective No. 97 of 2022. Since we would be required to decide those writ petitions finally, the result whereof would depend upon the answer to the question referred to us in the writ petitions by the learned Single Judge, we are of opinion that no useful purpose would be served by sending our answer to the learned Single Judge, pursuant to the order of reference in the three writ petitions. It would only entail avoidable wastage of time and resource.

(2.) We, therefore, propose to dispose of writ petitions as well by this judgment, in accordance with our answer to the question referred. Special Appeal Nos. 522 of 2022 and 523 of 2022 arise out of orders of the learned Single Judge proposing to frame charges for violation of the orders passed by the Single Judge on the writ side. Those appeals too would be disposed of recording our reasons by this common judgment and order.

(3.) Since common questions of fact and law are involved in all the four writ petitions and the four special appeals, we proceed to notice relevant facts and the essence of lis between parties giving rise to all these matters from the records of Writ-A No. 10004 of 2021. This course of action has been adopted because parties have copiously exchanged affidavits in the said petition. Accordingly, Writ-A No.10004 of 2021, which has indeed been heard as the leading case, shall be treated as such. Nevertheless, in order to appreciate the individual facts leading to the writ petitions and the appeals, arising out of judgments of the learned Single Judges on the writ side and in the exercise of contempt jurisdiction, a summary of the nature of proceedings involved in each cause, the grievance and the relief sought are being shown in tabular form: <FRM>JUDGEMENT_20_LAWS(ALL)1_2023_1.html</FRM> The Question Referred