Allahabad Court June 1972 Judgments
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Raghubar Dayal and anr. Vs. the State of U.P. and ors.
Court: Allahabad
Decided on: Jun-16-1972
Reported in: AIR1973All84
ORDERN.D. Ojha, J.1. The petitioner filed a writ petition in this Court which was dismissed summarily on June 13, 1972. Now, the petitioner has filed the present application for recalling the aforesaid order on the ground that the vacation Judge sitting singly has no power to dismiss a writ petition summarily.2. I have heard learned Counsel for the petitioner but I am unable to agree with the submissions made by him. It has been contended by the learned Counsel for the petitioner that under Chapter V, Rule 10 of the Rules of the Court the Vacation Judge sitting singly is entitled to receive a civil miscellaneous writ petition, but is not entitled to dismiss it in view of the provisions contained in Chapter XXII, Rule 1, or the Rules of the Court, which lays down that an application for a direction or order or writ undes Article 226 of the Constitution shall be made to the Division Bench appointed to receive applications or, on any day on which no such Bench is sitting, to the Judge app...
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