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2000 Supreme(All) 1495

SHYAMAL KUMAR SEN, S. RAFAT ALAM
CHANDRA BHUSHAN TIWARI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Ashwani K.Misra

SHYAMAL KUMAR SEN, C. J.

( 1 ) WE have heard Sri Ashwani Kumar for the appellant and Sri B. N. Misra, learned standing counsel for the State.

( 2 ) IN the instant special appeal, the appellant has challenged the jurisdiction of the learned single judge to take up the matter and pass order dismissing his writ petition. It has been submitted by sri Ashwani Kumar, learned advocate for the appellant that the order was passed on 11th october, 2000, when the learned single Judge was taking up service writs relating to cooperative societies and matter for orders, admission and hearing.

( 3 ) THE appellant was working as a driver in the office of Assistant Sugar Commissioner, respondent No. 4 who admittedly was not working with the cooperative societies. It is well-settled that the Chief Justice alone has power to confer jurisdiction on the Judges as to what matter a Judge shall take up. In this connection Mr. Ashwani Kumar has relied upon a decision of the Supreme Court in State of Rajasthan v. Prakash Chand and others, AIR 1998 SC 1344. The relevant portion of the said judgment is set out hereinbelow :


"15. A careful reading of the aforesaid provisions of the Ordinance and Rule 54 (supra

















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