Court No. - 21 Case :- WRIT - C No. - 38165 of 2010 Petitioner :- Smt. Munesh Kumari Respondent :- State Of U.P. & Others Petitioner Counsel :- H.N. Singh Respondent Counsel :- C.S.C.,A.T. Kulshreshtha Hon'ble V.K. Shukla,J.
Learned Standing counsel has accepted notice on behalf of
respondent nos. 1 and 2. Sri A.T. Kulshereshtha, Advocate
has accepted notice on behalf of respondent no. 3.
By the next date fixed, counter affidavit if any may be filed.
It has been contended on behalf of petitioner that in the
present case show cause notice was issued to which adequate
reply has been submitted by the petitioner but same has not
been adverted to and in cryptic manner order has been
passed.
Issue which has been sought to be raised has already been
referred to Larger Bench in Civil Misc. Writ Petition No.
60951 of 2009 (Madho Lal (Pradhan) Vs. State of U.P. and
others) and Civil Misc. Writ Petition No. 49305 of 2009 (Het
Kishan Vs. State of U.P. and others).
Aforesaid orders have been affirmed by Division Bench
comprising Hon’ble Acting Chief Justice & Hon’ble A.P.Sahi
in Special Appeal No. 528 of 2010 (Smt. Sabir Vs. State of
U.P. and others) decided on 28.04.2010.
Consequently, connect this writ petition alongwith the
record of aforesaid writ petitions.
Interim order which has been passed therein on the same
term and condition, shall be extended to the petitioner also.
Order Date :- 5.7.2010
Dhruv