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Judgment
After hearing both sides, by assigning reasons the Bench granted stay to the directions issued in the impugned orders which are under challenge in these appeals.
As large number of matters are tied up/clubbed involving same question for getting the exercise in this respect checked by the concerned official and otherwise to make the progress known the matter is again listed.
When the matter was taken up Sri Upadhyay, learned Addl. Chief Standing Counsel, Sri Yashwant Singh, learned Advocate and other Advocates having concern in connected matters are present and the matter proceeded in their presence.
An application is also filed from the appellants side with an affidavit with a request to delete certain observations in some of the paragraphs which may not change the concept and outcome of the orders so passed and otherwise they may not be needed for the purpose of orders.
Sri Upadhyay, learned Addl. Chief Standing Counsel submitted that some of the paragraphs of which details/reference is being given in the court are not so necessary for passing the orders and if thy are permitted to be scored out then that will be in the interest of justice and will not cause any injury to any of the sides.
After hearing all concerned and on examination of the matter we are of the view that some of the observations made in certain paragraphs if are permitted to be deleted/scored then that may be in the fitness of things.
Direction for deletion of some of the observations which are found to be not warranted/required and not so improper has been permitted to be deleted by the Apex Court in several cases. We can refer Samya Sett Vs. Shambu Sarkar and Another, Besides other cases on the point this has been the practice also.
The only thing that the result of the order and the operative portion is not to go any change.
Accordingly we direct that the facts/observations made at the pages and in the paragraphs mentioned below will stand deleted/scored.
Thus the observations as made at page 6 7:
We can hurriedly add our experience also while hearing running commentary of cricket matches by the commentator that the ball was not so bad but it was the talent of the batsman that he converted it into a boundary
At page 7 para 1
Here is the case where in fact, on the facts and in the manner with such a zeal the order is written for which it can be safely said that although there was no ball at all on which such a kind of stroke could have been played but it is only with the personal skill and laboured exercise volume has been created by giving it a legal shape with the support of several decisions of the Apex Court.
At page 7 in para 2:
The subject which has been dealt in both the orders may be certainly hot and with all kind of heat the order might have been written but the Bench will have to go through the entire matter with all cool by examining the legal aspect for its prima facie satisfaction in the light of relief so claimed and the points which may have a touch on the issue and at the same time noticing the judgments on which heavy reliance have been placed in both the orders of learned Single Judges.
At page 21 in para 2:
We are to decide a case on the facts of that very case in the light of legal aspects that is expected from us and thus it is not our job to wonder here and there to find out ways and means to criticise an institution in general although the issue is neither pleaded nor complained nor any relief in that respect is prayed and thus exercise will be said to be a bouncer serving no purpose.
The aforesaid paragraphs will stand deleted/expunged from our order dated 16.4.2010.
In view of this order by which observations made in certain paragraphs as has been directed to be deleted/scored the main order passed on 16.4.2010 is now to be loaded/read accordingly.
So far office is concerned, necessary direction has been given to prepare a chart of nature/draft of the cases (writ petitions and Special Appeals) with the name of counsel so that as and when they are listed everybody may attend the matter with convenience and with efficiency.
Accordingly application filed by appellants is disposed of and as the merit and progress of the things are concerned everybody have been reminded for doing needful with expedition.