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2019 (4) TMI 1803

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....e appeals are filed against the final Digitally signed by ASHOK RAJ SINGH Date: 2019.04.08 17:01:21 IST Reason: judgment and order dated 27.07.2012 in CMWP No.  3231 of 2002 and order dated 16.01.2013 in CMRA No.247546 of 2013 passed by the High Court of Judicature at Allahabad. 3. A few facts need mention hereinbelow for the disposal of these appeals which involve a short point. ....

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....r recall of the order dated 27.07.2012. The High Court by order dated 16.01.2013 dismissed the said application. The appellant felt aggrieved by the said orders and has filed these appeals by way of special leave in this Court. 5. The impugned order reads as under : "Having gone through the impugned order, I do not find any patent illegality or irregularity therein warranting interfere....

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....l of the record of the case, we are constrained to allow these appeals, set aside the impugned orders and remand the case to the High Court for deciding the appellant's writ petition afresh on merits in accordance with law. 8. The need to remand the case to the High Court has occasioned because from the perusal of the impugned order dated 27.07.2012 quoted above, we find that it is an unreasone....

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....hat led the Court/Tribunal/Authority for reaching to such conclusion. (See ¬ State of Maharashtra vs. Vithal Rao Pritirao Chawan, (1981) 4 SCC 129, Jawahar Lal Singh vs. Naresh Singh & Ors., (1987) 2 SCC 222, State of U.P. vs. Battan & Ors., (2001) 10 SCC 607, Raj Kishore Jha vs. State of Bihar & Ors., (2003) 11 SCC 519 and State of Orissa vs. Dhaniram Luhar, (2004) 5 SCC 568). 10. The orde....