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AHC Formatting Test

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Court No.- 1

CASE:- SPECIAL APPEAL No. - 208 of 2025

Appellant:- High Court Bar Association Allahabad Thru. Chairman Elders Committee Shri Vijay Bahadur Singh

Respondent:- State Of U.P. Thru. Addl. Chief Secy. Prin. Secy. Labor Dept. Lko. And 4 Others

Counsel for Appellant:- Satyanshu Ojha

Counsel for Respondent:- C.S.C.

Hon'ble Attau Rahman Masoodi, J.

Hon'ble Shree Prakash Singh, J.

Heard Sri R.K. Ojha, learned Senior Advocate assisted by Sri Mahendra Bahadur Singh, learned counsel for the appellant, Sri Gaurav Mehrotra, Advocate assisted by Sri Ramendra Yadav, learned counsel for the High Court, Sri Tushar Mittal, learned Amicus Curiae, Sri H.G.S. Parihar, learned Senior Counsel and Sri R.V. Pandey, learned counsel for the Oudh Bar Association.

The question in the present appeal regarding implementation of the office memorandum dated 09.08.2023, has cropped up in the background of an order passed on the application seeking leave to appeal as against the Judgment/Order passed by the writ court on 19.05.2025 in Writ C. No. 3389 of 2025.

The order passed by this court on 20.06.2025 is extracted here-in-under:-

“(C.M. Application No. 1 of 2025)

Heard Sri R.K. Ojha, Senior Advocate assisted by Sri Mahendra Bahadur Singh, learned counsel for the appellant and learned Standing Counsel for State-respondents. 

The appellant was not a party to the writ proceedings before this Court.

It is submitted by Sri Ojha that the impugned judgment and order dated 19.05.2025 passed in Writ-C No. 3389 of 2025 to the extent of some observations made in paragraphs 34, 35, 36 and 38 cause prejudice to the interest of the Bar Association giving rise to appeal.

The Bar Association is, thus, aggrieved and is entitled to maintain the present appeal being an aggrieved party. On a plain reading of the judgment impugned herein in this petition, we do not gather that the writ petition involved any such issue insofar as the relief sought in the writ petition is concerned, the suo motu directions issued by this Court have thus come to be issued without hearing the Bar Association.

For this reason, if the directions issued against the Bar Association are prejudicial to the interest of Bar, leave to appeal deserves to be granted in the interest of justice.

This Court is of the considered opinion that the application seeking leave to appeal is maintainable and the same is thus allowed.

The application is, accordingly, allowed.

Let a copy of this intra-court appeal be served to learned counsel for the High Court within three days, who may obtain complete instructions in the matter.

List this case on 03.07.2025 in the list of fresh cases.

Copy of the memo of appeal may also be provided to learned counsel for the writ-petitioner.”

Confining arguments and the grievance raised before us on the touchstone of opportunity of hearing, which any aggrieved party may be entitled to, this court proposes to hear all the concerned parties in the present appeal so as to dispel any confusion as regards the implementation of the circular dated 22.11.2024, as is applicable in so far as the process of photo affidavit rates and it’s realization for generating identification number, is concerned.

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