- (1.) Order in Review Petition No. 323467 of 2010
(2.) THE applicant, who is the original Appellant has preferred this review petition contending that while allowing the Appellant to raise a challenge to the Government Orders dated 20.4.2010 and 21.4.2010 before the learned Single Judge, the directions issued by this Court captioned as (i) runs counter to the aforesaid relief granted to the Appellant inasmuch as the learned Single Judge may not be able to proceed as the Appellant has been prevented from raising any challenge to the findings recorded by the learned Single Judge. For this Sri Khare, relies on the recital contained in the judgment of the learned Single Judge placing reliance on another judgment of this Court in the case of Vivek Kumar Rai v. State of U.P. and Ors., decided on 26.4.2010 reported in, 2010 ADJ 438, where the aforesaid Government Orders have been upheld. Sri Khare, therefore, submits that the aforesaid aspect appears to have escaped the notice of this Court and which does not find incorporated in the final judgment under review.
(3.) SRI Khare further points out that against the said judgment in the case of Vivek Kumar Rai (supra) Special Appeal No. (496) of 2010 has been filed in which an interim order has been passed staying the operation of the said judgment, which aspect also has a direct bearing on the matter and having not been noticed, the judgment in the present appeal deserves to be recalled.;