D.N.JHA, A.BANERJI, N.D.OJHA
S. K. MISRA – Appellant
Versus
STATE – Respondent
( 1 ) THE petitioner who was posted as District and Sessions Judge. Pilibhit, and was reverted as Additional District and Sessions Judge, filed a writ petition in the Lucknow Bench of this Court challenging the aforesaid order. A Division Bench of the Court apparently on the view that as no part of the cause of action had arisen within any of the districts of the erstwhile Oudh, the writ petition could not be presented or entertained in the Lucknow Bench of the Court, vide its order dt. 11th April, 1986, ordered the writ petition to be returned to the petitioner for being presented to the proper Court. The term "proper Court" in the context that there is only one High Court in the State of Uttar Pradesh having a Bench at Lucknow obviously meant that the writ petition had been returned to the petitioner for being presented at Allahabad. Aggrieved by that order the petitioner filed a Special Leave Petition before the Supreme Court. However, the said Special Leave Petition was withdrawn on 2nd May, 1986, and the following order was passed therein :- "special leave petition is allowed to be withdrawn. Since the Allahabad High Court is not functioning at present we
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