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Patna High CourtMJC/4554/2014dismissed

Lalan Pandey v. The Union Of India And ORS

2015-06-242 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4554 of 2014 In Civil Writ Jurisdiction Case No. 2888 of 2011 ====================================================== Lalan Pandey, son of Late Ram Chhabila Pandey, resident of Kautilya Nagar, Behind I.G.I.M.S., Patna .... .... Petitioner

Versus

1. The Union of India through its Secretary, Ministry of Defence, South Block, New Delhi-110011

2. Controller General of Defence Accounts, Ulan Batar Road, Palam, Delhi-Cantt.

3. Controller of Defence Account, Rajendra Path, Patna-800019 .... .... Opp. Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA) 24-06-2015 Heard learned counsel for the petitioner and learned Central Government Counsel.

The present application has been filed for modification of the order dated 13.10.2011 stating that the SLP(Civil) No. 15770 of 2009 (Union of India vs. A.K.Goel and others) after being converted into Civil Appeal No. 2872 of 2010 has thereafter been finally disposed of by order dated 20.11.2013. That being so, we fail to understand how a modification of the order dated 13.10.2011 is required which, in fact, already grants liberty to the parties to mention the case for out of turn hearing in case the Supreme Court finally decides SLP (Civil) No. 15770 of 2009.

Patna High Court MJC No.4554 of 2014 (2) dt.24-06-2015 In view of the aforesaid liberty granted by order dated 13.10.2011, there was no necessity of filing the present petition, which is, accordingly, dismissed.

The petitioner may mention CWJC No. 2888 of 2011 for out of turn hearing before the appropriate Bench. (Ramesh Kumar Datta, J) (Anjana Mishra, J) spal/- U