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2026 DAILYLAW 544 (ALL)

KAMLESH KUMAR MISHRA v. STATE OF U.P. AND 4 OTHERS

WRIA/3474/2026 · 2026-03-18

Vikram D Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 3474 of 2026 Court No. - 34 HON'BLE VIKRAM D. CHAUHAN, J. 1. This Court by order dated 15.12.2025 has directed that petitioner's representation be considered and decided after giving proper opportunity of hearing to the petitioner. However, perusal of impugned order would go to show that respondent no.4 has recorded a finding that there is no question of giving additional opportunity of hearing as prior opportunity of hearing was given prior to passing of the order of the Court dated 15.12.2025. The order dated 15.12.2025 has not been challenged before any higher authority, as such sanctity of order dated 15.12.2025 is intact. The finding recorded in the impugned order, prima facie, seems to be in-violation of order dated 15.12.2025. 2. At this stage, learned counsel for respondent nos.2 to 5, on instructions, submits that he may be permitted to withdraw the impugned order dated 25.1.2026 with liberty to approach the Court for modification of earlier order dated 15.12.2025, as earlier order has been passed without bringing to notice of the Court that arbitration proceedings have already been held and award has been passed and modified agreement has already been executed. 3. In view of statement of learned counsel for respondent nos.2 Versus Counsel for Petitioner(s) : Kaushlendra Pandey Counsel for Respondent(s) : C.S.C., Sunil Kumar Misra Kamlesh Kumar Mishra .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) to 5 and since the order dated 25.1.2026 has been withdrawn, the writ petition is dismissed as infructuous. However, respondents would be at liberty to file review/recall application in respect of order dated 15.12.2025 within fifteen days from today. In the event, no review/recall application is filed within the aforesaid period, respondents shall comply with the order dated 15.12.2025 within one month thereafter. March 19, 2026 D. Tamang WRIA No. 3474 of 2026 2 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad