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CDJ 2026 SC 355 print Preview print print
Court : Supreme Court of India
Case No : Civil Appeal No(s). 1698-1699/2026 (Arising from SLP (Civil) Nos. 20045-20046 of 2024)
Judges: THE HONOURABLE MR. JUSTICE DIPANKAR DATTA & THE HONOURABLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Parties : Ramesh Kumar Bhagchandaka Versus The State of Uttar Pradesh & Others
Appearing Advocates : For the Petitioner: ----- For the Respondent: -----
Date of Judgment : 17-02-2026
Head Note :-
Subject
Judgment :-

1. Learned counsel appearing for the appellant submits, on instructions, that the pending writ petition[Civil Misc. Writ Petition No.2531 of 2022] before the Allahabad High Court shall not be pressed.

2. In view of the such statement, the High Court shall mark closure of such proceedings upon being intimated of this order.

3. Leave granted.

4. The High Court of Judicature at Allahabad by a short and cryptic order dated 27th April, 2023 has dismissed the appellant's writ petition[Civil Misc. Writ Petition No.5606 of 2010]. No independent reason was assigned except referring to dismissal of another writ petition and affirmation of the same by this Court while dismissing a special leave petition.

5. We have also noted that a review petition having been filed by the appellant, the same too has been dismissed by an order dated 10th April, 2024. In fact, the length of the order of dismissal of the review petition outruns the order dismissing the writ petition because the High Court assigned, at least, some reasons why it was not inclined to review the order of dismissal.

6. Though an order in exercise of review jurisdiction declining review cannot be assailed in an appeal, the appellant has challenged both the orders dated 27th April, 2023 and 10th April, 2024 in these appeals.

7. Without much ado, the manner of dismissal of the writ petition by the High Court does not meet our approval. Neither were the facts discussed nor did the High Court indicate with any degree of clarity as to how the questions of facts and law in both the writ petitions were similar. No doubt, brevity is the soul of precision but not at the cost of completeness.

8. In such view of the matter, without expressing any opinion on the merits of the rival claims, we set aside the order dated 27th April, 2023 and revive the writ petition on the file of the High Court. The High Court is requested to decide the writ petition in accordance with law, without being influenced by the earlier order dated 27th April, 2023.

9. We repeat, all points of law and fact are kept open for being urged by the parties before the High Court.

10. Also, in exercise of power conferred by Article 142 of the Constitution, we set aside the order dated 10th April, 2024 too.

11. The civil appeals stand disposed of, on the aforesaid terms.

12. Pending application(s), if any, shall stand disposed of.

 
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