JUDGEMENT
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(1.) Let the affidavits filed on behalf of the parties in connection with the section 5 application be taken on record.
(2.) It appears that the following statement has been made in paragraph 3 of the instant section 5 application:-
"Your Appellants/Petitioners state that the Hon'ble Judge Allowed/Disposed the Writ Petition at the first instance, without granting any opportunity to them to deal with the averments made in the Writ Petition, merely relying on Orders passed by this Hon'ble High Court in respect of the issue in question without considering that facts differed from case to case."
(3.) The affidavit-in-opposition filed on behalf of the respondent/writ petitioner, however, reveals relevant records pertaining to the writ proceeding. It palpably demonstrates that on 17th June, 2015, the Court had given directions for filing of affidavits. The following order was passed on that date by a learned Single Judge:
"There is no scope for passing any interim order at this stage. Let affidavit-in-opposition be filed by the State respondent within four weeks from date; reply, if any, be filed within two weeks thereafter.
Let the matter appear under heading "Assigned Matters" after seven weeks hence.
Affidavit-of-service filed in Court today be kept with the record.";
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