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HIGH COURT OF JUDICATURE AT
ALLAHABAD
Court No. - 34
Case :- WRIT - A No. - 28686 of 2014
Petitioner :- Brahm Dev Yadav And 5
Others
Respondent :- State Of U.P. And 4
Others
Counsel for Petitioner :- Pankaj
Kumar Ojha,Shailendra
Counsel for Respondent :-
C.S.C.,A.K. Yadav
Hon'ble Sudhir Agarwal,J.
1. This is an application for review/
recall of this Court's judgment and
order dated 29th May, 2014 on the
ground that a learned Single Judge
has passed an interim order in
another Writ Petition No. 50787 of
2013 along with several other writ
petitions, and, therefore, there are
two contradictory orders. Copy of
the order dated 11.12.2013 passed
by Hon'ble Mr. Justice Vikram Nath
is on record.

2. It appears that the Writ Petitions
No. 58520 of 2013, 62241 of 2013,
55925 of 2013, 50787 of 2013, 62025
of 2013, 58712 of 2013, 57236 of
2013, 52521 of 2013 and 60088 of
2013 are connected and taken up
together by His Lordship and after
noticing the dispute in the
aforesaid writ petitions, separately,
the Court ordered respondents to
file counter affidavit and fixed the
matter on another date. It is also
an admitted case that in all the
connected matters no interim order
initially was granted except in Writ
Petition No. 52521 of 2013, Neelam
Kumari Gautam Vs. State of U.P.
and others, which was going to
expire on 11.12.2013. The Court
while granting time adjourning all
the matters till Tuesday i.e.
17.12.2013, extended interim order
already granted. The relevant
paragraph of the said order dated
11.12.2013 reads as under:
"Sri Mirg Raj Singh, and Sri B.P.
Singh learned counsels representing
the District Basic Eduction Officer
and also the Secretary Basic
Education Board may file counter
affidavits within three days.
As prayed by the learned counsels
for the parties put up all the cases
in the additional cause list on
17.12.2013.
Sri Sanjay Sinha, Secretary, Basic
Education Board is present. As he
has filed an appropriate affidavit
about the questions posed in the
order dated 23.10.2013, his
personal appearance for the time
being is exempted. However as and
when required he would again
remain present before this Court for
proper adjudication of the
controversy raised. The interim
order granted earlier to continue
till Tuesday i.e. 17.12.2013."
3. Again all the aforesaid matters
came up before his Lordship on
17.12.2013 and while granting
further time to the respondents in
the bunch of the aforesaid matters,
the Court said, "The interim order
granted earlier to continue till the
next date of listing."
4. It is thus clear that in all the
matters whereever the interim order
was already granted, was directed to
continue.
5. It is admitted out that in all the
aforesaid matters, except Writ
Petition No. 52521 of 2013, no
interim order was granted,
therefore, question of continuance
would not have arisen. Similarly
when an order of extension of an
interim order was passed
subsequently, it would also not
result in granting an interim order,
which did not exist at all. In all the
orders which are on record show
that the interim order granted was
directed to continue. When no
interim order was granted, the
question of continuance would not
arise.

6. It is stated before the Court by
counsel that the interim order was
passed in one Writ Petition No.
52521 of 2013 and that writ petition
has now been dismissed as
withdrawn vide order dated
23.04.2015. The said order passed
by Hon'ble Mr. Justice Abhinava
Upadhya reads as under:-
"Sri Dharmendra Kumar Srivastava,
Advocate holding brief of Sri
Kshetresh Chandra Shukla, learned
counsel for the petitioner states
that he does not wish to press this
writ petition any further. He has
also moved an application being
Civil Misc. Withdrawal Application
No. 132303 of 2015 for withdrawal of
the writ petition.
The prayer is allowed.
The writ petition is, accordingly,
dismissed as not pressed. Interim
order, if any, stands discharged."

7. In view thereof, it cannot be said
that now there exists two
contradictory orders, warranting
recall/ review of this Court's
judgment dated 29th May, 2014
passed in Writ Petition No. 28686 of
2014, therefore, there is no occasion
to review/ recall of the aforesaid
order at this stage and in view of
subsequent events.
8. Shri Ashok Khare, learned Senior
Counsel has also informed that
against the order dated 29.05.2014,
Special Appeal No. 561 of 2015 was
filed but the same was dismissed
vide order dated 12.06.2014, which
reads as under:-
"Having heard the learned counsel
for the appellant, we do not find
any reason to interfere in the
impugned order passed by the
learned Single Judge.
The appeal is dismissed."

9. The present application for
recall /review No. 123689 of 2015
stands dismissed.
10. Now the question is regarding
final disposal of all the remaining
connected matters.
11. Let all the matters be listed
before the Court on 15.05.2015, and
it is made clear that same shall not
be adjourned.
12. Shri Ashok Khare further stated
that there are two more matters
which also required to be heard
with this bunch of matters. These
are Writ Petitions No. 57476 of 2013
and 628 of 2015.
13. These two writ petitions may
also be listed subject to nomination
by Hon'ble The Chief Justice, along
with the above matters.
Order Date :- 8.5.2015
Mustaqeem.
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