ABDUL HUSSAIN @ ABDUL HASAN v. IST ADDL.DISTRICT JUDGE FAIZABAD AND OTHERS 32
WRIC/1004124/2002 · 2025-08-06
Irshad Ali
body2025
DailyLaw.ai
[ 2025 DAILYLAW 132665 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 132665 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45872 Court No. - 3 Case :- WRIT - C No. - 1004124 of 2002 Petitioner :- Abdul Hussain @ Abdul Hasan Respondent :- Ist Addl.District Judge Faizabad And Others 32 Counsel for Petitioner :- Aditya Tewari,Santosh Kr. Singh,Santosh Kumar,Saryu Prasad Tiwari,Vinod Kumar Singh Counsel for Respondent :- C.S.C.,R.K. Srivastava,Sushil Kumar Mishra Hon'ble Irshad Ali,J. I.A. No.41 of 2025
1. Heard.
2. This is an application for condonation of delay in filing restoration application.
3. Reasons assigned in the affidavit filed in support of the application are sufficient to condone the delay.
4. Accordingly, this application is allowed. Delay in filing restoration application is condoned. I.A. No.42 of 2025
1. Heard.
2. This is an application for recall of the order dated
11.04.2025.
3. Considering the statements of facts stated in the affidavit filed in support of the application, the application is allowed.
Order dated 11.04.2025 is recalled.
4. Resultantly, the writ petition is restored to its original number. On Writ Petition:
1. Heard.
2. The writ petition has been filed in exercise of power under Article 226 of the Constitution of India. In view of the
judgment rendered in the case of Radhye Shyam v. Chhabinath reported in (2015)5 SCC 423, the writ petition is
not maintainable. The writ petition could have been filed under Article 227 of the Constitution of India.
3. In view of the above, this writ petition is dismissed with liberty to the petitioner to file a writ petition under Article 227 of the Constitution of India.
4. The original documents annexed along with the writ petition be returned to the learned counsel for the petitioner.
Order Date :- 6.8.2025 GK Sinha Digitally signed by :- GAUTAM KUMAR SINHA High Court of Judicature at Allahabad, Lucknow Bench