- (1.) Heard learned counsel for the appellants, learned Standing Counsel for the State and perused the record. This special appeal has been preferred against the judgment and order dated 09.07.2012 passed by the learned Single Judge in Writ A No.6059 of 2012 by which the contempt proceedings have been initiated against the appellants. The impugned order which contains detailed narration of the facts of this case is being reproduced as under:- "1. Writ petition is directed against the order dated 9.1.2012 contending that thereafter a lot of subsequent orders have been passed but Regional Transport Officer, Mirzapur (hereinafter referred to as RTO) for certain vested reasons has passed an order directing the subordinate Officers to ensure compliance of almost more than two years old order i.e. dated 5.11.2009. The Court after hearing learned counsels for parties gave opportunity to respondents to file counter affidavit and in the meantime an order of status quo was passed.
(2.) The respondents filed counter affidavit stating that on the very next date i.e. 10.1.2012, the order dated 9.1.2012 was cancelled.
(3.) Sri Anil Tiwari, learned counsel for petitioner, however, pointed out that there are a lot of manipulations in the matter inasmuch initially order was passed by RTO which was challenged by the petitioner but manipulating the things, the order under reference in the counter affidavit is shown to have been issued by Assistant Regional Transport Officer, Mirzapur (hereinafter referred to as "ARTO"). Having perused the record, this Court found it necessary to look into the original record and hence passed the following order on 5.7.2012: "Sri Anil Tiwari, learned counsel for the petitioner has concluded his argument and submitted that in order tocircumvent the adjudication in respect to illegality committed by the respondent no. 3, he has passed the order which has been annexed as annexure RA-1 to the rejoinder affidavit. After hearing learned counsel for the parties, learned Standing counsel I find it necessary to peruse original record. Let learned Standing Counsel produce original record before this Court pertaining to impugned order as well as the order, copy whereof has been filed as annexure RA-1 to the rejoinder affidavit. Put up this matter on Monday i.e.09.07.2012. On the next date fixed Regional Transport Officer, Mirzapur, will also appear in person before this Court along with relevant records as directed above. Copy of this order shall be made available to the learned Standing counsel today itself." ;