- (1.) CONNECT with writ Petition No. 7622 of 1994.
(2.) LEARNED Standing Counsel and Sri Sudhir Agarwal may file counter affidavit within three weeks. List thereafter, learned Counsel for the petitioner will inform Sri Sudhir Agarwal about this order in writing by tomorrow. We would like to make it clear that when the Court orders a case to be listed after two weeks, or it grants two weeks for filing counter affidavit and orders the case to be listed thereafter, it means that it must be listed on the 15th day positively from the date the order is passed. Similarly, if the Court orders a case to be listed after three weeks or it grants three weeks for filing counter affidavit and orders the case to be listed thereafter, it must be listed positively on the 22nd day of the passing of the order. Similarly if the Court orders a case to be listed after any particular period, or grants a particular time to file counter or rejoinder affidavit or directs the case to be listed after a certain period, it must be listed immediately after expiry of that period,in other words it must be listed on the very next day after expiry of that period of time. We feel it necessary to pass this order because it often happens that the Registry interprets an order that a case should be listed after two weeks or three weeks to mean that it can be listed on any date after two or three weeks and not immediately after the expiry of two or three weeks (as the case may be ). Similarly, when the Court orders a case to be listed in the next cause list, it means that it must be listed positively in the next cause list and it is not the discretion of the Registry to list the case whenever it so desires. We further direct that if a case of the main as well as supplementary cause list is not taken up on that day it must be repeated in the next main or supplementary list as the case may be. If a case on the main list is not taken up by Thursday or Friday it must be repeated after a week in the main list. We make it clear that once a case is on the list (whether main or supplementary) the Registry has no right to delist it without permission of the Court concerned.
(3.) THIS order will be communicated forthwith by the Registrar General of this Court to the Registrar listing (both at Allahabad and Lucknow) as well as other concerned officers in the Registry and the office bearers of the Bar Associations at Allahabad and Lucknow Bench. We further make it clear that this is a judicial order and has to be complied with by the Registry as there are many complaints that the Registry does not list a case despite the Court's order and there are various other allegations in this connection (which we need not refer to) which brings the institution to disrepute. Petition disposed of. .;