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Judgment
Rakesh Kumar Garg, J.—The petitioner had filed the instant petition (i.e. CWP No. 10722 of 1989), challenging his termination vide order dated 19.1.1988, Annexure P-3. This writ petition came up for hearing along with some other petitions on May 13, 2011 and was disposed of by passing the following order by this Court:
Learned counsel for the petitioners states that these writ petitions may be disposed of in the same terms as in Civil Writ Petition No. 6685 of 1988 decided by this Court on 31.7.1989, to which the learned State counsel has no objection.
Accordingly, these writ petitions are disposed of in the same terms as in Civil Writ Petition No. 6685 of 1988 decided by this Court on 31.7.1989.
The Registry is directed to place a copy of this order in the connected writ petitions.
Civil Miscellaneous application No. 15392 of 2011 has been filed on behalf of the respondent/Corporation for recalling the aforesaid order dated 13.5.2011 on the ground that there was mis-representation of facts, as the judgment dated 31.7.1989 in in Civil Writ Petition No. 6685 of 1988 Pohap Singh v. HSDC & ors. was set aside by a Division Bench of this Court in LPA No. 1856 of 1989 HSDC v. Pohap Singh & anr. vide judgment dated 17.12.1992.
Notice of this application was given to learned counsel for the writ petitioner.
Upon notice, learned counsel appearing on behalf of the writ petitioner could not dispute the fact that the judgment dated 31.7.1989 in Civil Writ Petition No. 6685 of 1988 was set aside vide judgment dated 17.12.1992 in LPA No. 1856 of 1989 and in view of the aforesaid Division Bench judgment, this writ petition is liable to be dismissed. In view of the aforesaid, Civil Misc. No. 15392 of 2011 is allowed, order dated 13.5.2010 passed by this Court is recalled and the writ petition No. 10722 of 1989 is ordered to be dismissed in terms of Division Bench judgment of this Court dated 17.12.1992 in LPA No. 1856 of 1989.