ANIL TRIPATHI vs STATE OF CHHATTISGARH

1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPPIL No.

63 of 2021 1.

Anil Tripathi S/o Shri R.S.

Tripathi, Aged About 41 Years R/o House No.

R/8 -15 Rama Valley, Bilaspur Chhattisgarh.

Designation- Treasurer, Chhattisgarh High Court Bar Association, 2.

Ravi Pandey, S/o Late Shri B.L.

Pandey, Aged About 47 Years R/o Gitanjali Vihar, Nehru Nagar Bilaspur Chhattisgarh.

Designation- Secretary, District Bar Association, Bilaspur, ---- Petitioner Versus 1.

State Of Chhattisgarh Through Its Principal Secretary, Department Of Law And Legal Affairs, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur Chhattisgarh 492001, 2.

Chhattisgarh State Legal Services Authority, Represented By The Secretary, Bilaspur Chhattisgarh.

3.

State Bar Council Of Chhattisgarh, Represented By The Secretary, Bilaspur Chhattisgarh ---- Respondent For Petitioners : Shri Shivang Dubey, Advocate.

For Respondent/State : Shri VR Tiwari, Additional AG with Shri Samir Sharma, Advocate.

Hon'ble Shri Prashant Kumar Mishra, Ag CJ & Hon'ble Shri Parth Prateem Sahu J Order On Board By Prashant Kumar Mishra, Ag CJ 16/06/2021 : 1.

This writ petition has been preferred seeking the following reliefs:- “10.1 This Hon’ble Court may kindly be pleased to issue appropriate writ/order/direction directing the Respondent State to extend life of such interim orders/stay orders/interim bail orders passed by this 2 High Court and all the Courts/Tribunals upon which the High Court exercises supervisory jurisdiction under Article 227 of the Constitution of India.

10.2 This Hon’ble Court may kindly be pleased to issue appropriate writ/order/direction recall the order dated 01.12.2020 passed in Writ Petition (PIL) No.27 of 2020 “Suto Moto WP (PIL) Matter relates with COVID-19 Corona virus Pandemic”.

10.3 The Hon’ble Court may kindly be pleased to pass any further/other orders as it may deem fit, in the facts and circumstances of the case.” 2.

The nature of relief claimed in para-10. n para-10.1 cannot be allowed unless and until the relief prayed for in para-10.2 for recalling of the order dated 1.12.2020 in WPPIL No.27/2020 (Suo Motu PIL) is considered.

It is settled that for recalling of an order passed in a particular writ petition, application has to be moved in that petition itself and not by way of filing independent writ petition.

4.

In view of the above, this writ petition is not maintainable.

It is accordingly dismissed with liberty to move appropriate application in the pending WPPIL No.27/2020.

Sd/- Sd/- (Prashant Kumar Mishra) (Parth Prateem Sahu) Acting Chief Justice Judge Barve