advice. 22. We, thus, allow the controversy to rest here. 23. It is now time for us to give our decision. Notwithstanding that the appellant has not been entirely clean in his approach but having regard to the famous words of Lord Hewart, the Lord Chief Justice of England in R. vs Sussex JJ., ex p McCarthy8 that “justice must not only be done, but must also be seen to be done”, meaning thereby that the outcome of proceedings should be visibly just, the impugned order bearing the date 1st March, 2023 has to be set aside which we do hereby order. This 8 (1924) 1 KB 256 17would result in revival of the petition of the appellant and it shall stand restored on the file of the High Court. The Hon’ble the Chief Justice of the High Court is requested to place the petition before the learned Judge currently having the assignment to hear the same. 24. Needless to observe, the petition shall be considered and decided by the High Court uninfluenced by any observation made in the order bearing the