ZILEDAR SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. G.K. Singh, Senior Advocate assisted by Mr. Rajnish Kumar Srivastava on behalf of the appellants and Sri P.N. Saxena, Senior Advocate assisted by Mr. Amit Saxena learned counsel for respondents No. 3 and 4 as well as learned Standing Counsel on behalf of respondents No. 1 and 2.

(2.) Learned counsel for the parties agree that the present appeal may be disposed of at this stage without calling for any further affidavit specifically in view of the order proposed to be passed today by the Court.

(3.) Besides addressing the Court on the merits of the order of learned Single Judge Sri G.K. Singh, learned Senior Advocate submitted before us that Writ-C No. 18528 of 2017 giving rise to the present appeal was heard as a fresh matter on 28.05.2017 and orders were reserved. It is specifically stated that at no point of time the private respondents who were represented by Sri G.K. Singh were afforded any opportunity to file counter affidavit. It was presumed that probably the writ court would either dismiss the writ petition or else if it needs to entertain the writ petition it will grant time to file counter affidavit with whatever interim order the court would deem fit and proper.