Court No. - 9 Case :- SPECIAL APPEAL No. - 569 of 2006 Petitioner :- Gulab Chand Yadav Respondent :- State Of U.P. & Others Petitioner Counsel :- P.N. Ojha,Ashok Khare Respondent Counsel :- C.S.C.,R.K. Ojha Hon,ble Vijay Manohar Sahai,J.
Hon,ble Virendra Kumar Dixit,J.
Heard learned counsel for the appellant and Sri R.K.Ojha, learned Standing
counsel for respondents.
The learned counsel for the appellant has urged that the writ petition has been
allowed by learned Single Judge without assigning any reason for allowing
the writ petition and remanding the matter back. We have gone through the
impugned order dated 27.04.2006. In spite of time having been granted to the
respondents, they did not care to file counter-affidavit. Therefore the
assertions made in the writ petition were treated to be correct and since the
facts stated in the writ petition were not controverted, the learned Single
Judge has rightly allowed the writ petition. We do not find any merit in this
appeal, this appeal fails and accordingly dismissed.
Order Date :- 8.1.2010
F.H.