HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 5 Case :- WRIT - A No. - 19548 of 2000 Petitioner :- Mohd. Yaqoob Respondent :- The State Of U.P. & Others Petitioner Counsel :- A.M.Zaidi Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
On 10.9.2012 on the request of learned Standing Counsel as a last opportunity four weeks and more was allowed to file counter affidavit and the matter was directed to be listed on 9.10.2012. It was also made clear that in case if counter affidavit shall not be filed the respondent no. 3 will appear in person.
Sri Pankaj Rai, learned Additional Chief Standing Counsel states that the order of this Court has been communicated to respondent no. 3 on 17.9.2012 in pursuance of which he has received instruction on 4.10.2012 by letter dated 26.9.2012 of the Executive Engineer but no one has come for the preparation of counter affidavit and respondent no. 3 is also not present in the Court. He prays for a week's time to file counter affidavit.
On the facts and circumstances, a week's time is allowed to file counter affidavit on the cost of Rs.5,000/- which will be payable by respondent no. 3, Executive Engineer, Maudaha Dam, Mahoba to the petitioner.
List on 18.10.2012. On that day, either counter affidavit be filed or respondent no. 3, Executive Engineer, Maudaha Dam, Mahoba may appear in person.
Order Date :- 9.10.2012 OP