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Allahabad High Court

SHYAM BABU PANDEYversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The petition is disposed, with liberty granted to the petitioner to approach the respondents to place their legal position, and the order will be reviewed if that position favors the petitioner.

Summary

Shyam Babu Pandey filed a writ petition before the Allahabad High Court challenging an order passed by the respondents, the State of U.P. and four others. The petitioner, through Senior Advocate Ashok Khare and V.D. Shukla, relied on judgments of coordinate benches of the same court that allegedly showed the impugned order to be erroneous. The court noted that those judgments had not been placed before the respondents for their comment. Consequently, the bench disposed of the petition, but granted the petitioner a liberty to approach the respondents and present the legal position. The court directed that, should the respondents' legal position favor the petitioner, the impugned order would be reviewed within six months.

Issues considered

  • Whether the impugned order is legally infirm in view of judgments of coordinate benches of the Allahabad High Court
  • Whether the respondents should be given an opportunity to place their legal position before the court decides on the petition

Subjects

  • writ petition
  • review
  • coordinate bench judgments
  • liberty to approach
  • Allahabad High Court

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 6790 of 2026

                                    Shyam Babu Pandey
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 4 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)       : Sr. Advocate, Vashishtha Dhar Shukla
                                    Counsel for Respondent(s)       : C.S.C.

                                    Court No. - 32
                                                HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri V.D.
                                    Shukla, learned counsel for petitioner and learned Standing Counsel.

                                    2. At this stage, argument of learned Senior Advocate is based on
                                    judgments passed by Coordinate Benches of this Court that impugned
                                    order is wrongly passed, though admittedly, said judgments were not
                                    placed before concerned respondents.

                                    3. In view of above, this writ petition is disposed of reserving a liberty to
                                    petitioner to approach concerned respondent to place legal position and in
                                    such event, if legal position favour case of petitioner, concerned
                                    respondent will review the impugned order expeditiously, preferably
                                    within six months.



                                                                                (Saurabh Shyam Shamshery,J.)
                                    May 6, 2026
                                    N. Sinha




Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad


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