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2001 Supreme(All) 849

SHYAMAL KUMAR SEN, R. K. AGRAWAL
Y. C. SIMHADRI, VICE CHANCELLOR, B. H. U. – Appellant
Versus
DEEN BANDHU PATHAK – Respondent


Advocates Appeared:
Assem Kumar Rai, D.K.TIVARI, DINESH RAI, PANKAJ NAQVI, Pankaj Srivastava, V.B.UPADHYAY, V.K.UPADHYAY


SHYAMAL KUMAR SEN, C. J.

( 1 ) HEARD Mr. V. B. Upadhyaya, learned senior advocate assisted by Mr. V. K. Upadhyaya, learned advocate for the appellants and Mr. D. K. Tiwari and Pankaj Srivastava, learned advocates for the respondent.

( 2 ) THIS special appeal is directed against an order passed by the learned single Judge on 26th march, 2001, whereby the learned single Judge entertained an application filed by the respondent writ petitioner under Article 215 of the Constitution of India on the allegation that the order passed by the learned single Judge on 15th March. 2001, has not been complied with by the appellants. By the said order, the learned single Judge has permitted to add the present appellants as respondent Nos. 1 to 3 in the application under Article 215 of the Constitution. The learned single Judge also directed notice to be issued to the said respondents appellants herein directing them to appear personally before the Court.

( 3 ) MR. V. B. Upadhyaya, learned senior advocate assisted by Mr. V. K. Upadhyaya, learned advocate for the appellants have submitted before us that the learned single Judge had no jurisdiction to pass such an order under Article 215 of the Cons


























































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