IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2414 OF 2009 (Arising out of S.L.P. (C) No.15706 of 2007)

Judges Colony Welfare Assn. and Anr.      ...Appellant(s)

Versus

State of U.P. and Ors.      ...Respondent(s)

O  R  D  E  R

Application for impleadment is allowed.

Leave granted. Heard learned counsel for the parties.

By  the  impugned  order,  the  High  Court  recalled  earlier  order  dated  20.2.2007 passed in Writ Petition No.3638 of 2006, and restored the writ petition to its  

original file by observing that Shri Prashant Chaudhary, learned counsel appearing  on behalf  of  the  appellants,  and Shri  A.K.  Mishra,  learned counsel  appearing on  

behalf of the respondents, jointly agreed that order dated 20.2.2007 may be recalled. Before this Court, an affidavit has been filed by Shri Prashant Chaudhary,  

Advocate, Supreme Court, wherein he has stated that though he appeared before the  Allahabad  High  Court  in  Writ  Petition  No.  3638  of  2006  on  3.7.2007,  he  never  

consented for recall of order dated 20.2.2007. ....2/-

- 2 -

We have heard learned counsel for the parties.  In view of the categorical  averments contained in the affidavit of Shri Prashant Chaudhary, Advocate that he  

did not give consent for recall of order dated 20.2.2007, we consider it appropriate to  remit the matter to the High Court for fresh disposal of the recall application.

Accordingly,  the appeal is allowed, impugned order is set aside and the  matter is remitted to the High Court for disposal of the recall application on merits  

after giving opportunity of hearing to the parties. The High Court is requested to dispose of the recall application within a  

period of four months from the date of receipt/production of copy of this order.   

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, April 13, 2009.