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Zia Ashraf v. State Of U.P. & Others - SPECIAL APPEAL DEFECTIVE No. 326 of 2006 [2006] RD-AH 9765 (17 May 2006)


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Hon. Dr. B.S. Chauhan, J.

Hon. Dilip Gupta, J.

This Special Appeal has been filed against the judgment and order dated 27.3.2006 passed by a learned Judge of this Court in Writ Petition No. 15976 of 2006.

Learned counsel for the appellant submits that under Clause 14 of the U.P. High Court (Amalgamation) Order 1948, it is only Hon'ble the Chief Justice who can direct for transmission of the records of Writ Petitions from the Lucknow Bench for being heard at Allahabad. However, from a bare perusal of the order dated 27.3.2006 it does not appear to us that the learned Judge intends to decide Writ Petition No. 1723 (M/s) of 2000 because the order merely recites that Writ Petition No. 15976 of 2006 shall be listed on 20.4.2006 along with the records of number of writ petitions including Writ Petition No. 1723 (M/s) of 2000. Thus the apprehension expressed by the learned counsel for the appellant is misconceived. We make it clear that it shall be open to the appellant to raise this issue before the learned Judge, if circumstances so arise.

The Special Appeal is, accordingly, dismissed.

Dt/- 17.5.2006



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