Dulsingar Maurya vs State Of U.P. & Others
2011 Latest Caselaw 1604 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 259 of 2010
 

 
Petitioner :- Dulsingar Maurya
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- S.B. Maurya
 
Respondent Counsel :- C.S.C.,K.N. Yadav,Shashi Shekhar Tiwari
 

 
Hon'ble V.K. Shukla,J.

The order dated 07.01.2010 has been perused. Same proceeds to mention as follows:

"The petitioner is permitted to implead the Union of India through its Secretary, Ministry of Textile, New Delhi, as Respondent No.4. A copy of the petition shall be served on the Assistant Solicitor General of India within 24 hours. All the respondents are granted 3 weeks' time to file counter-affidavit. A perusal of the impugned order indicates that it is on account of the non-release of the funds of rebate from the Central Government and the State Government that the petitioner has been denied his emoluments with a promise that in the event such amounts are received, the payment shall be made to the petitioner.

Let the respondents file counter-affidavit and explain as to why the amount of rebate is creating an impediment in the payment to which the petitioner is entitled by filing a counter-affidavit within 3 weeks. List immediately thereafter.

Learned counsel for the petitioner is permitted to carry out necessary corrections in the array of parties during the course of the day."

Under the directives of this Court Union of India through its Secretary, Ministry of Textile, New Delhi, as Respondent No.4 has been impleaded as respondent No.4. Sri Shashi Shekhar Tiwari, Advocate has entered appearance and informs the Court that Union of India through its Secretary, Ministry of Textile, New Delhi is not proper party, rather proper party is the Union of India through Ministry of Micro and Small Medium Enterprises, New Delhi. Consequently, in the facts of the case, liberty is given to the petitioner to implead  the Union of India through Ministry of Micro and Small Medium Enterprises, New Delhi as respondent No.5 in the array of respondents.

Sri Shashi Shekhar Tiwari, Advocate is accorded eight weeks' time to seek instructions or file counter affidavit. Similar time is accorded to learned standing counsel as well for filing counter affidavit. While filing counter affidavit specific details shall be furnished as to what steps have been taken by the respondents  for release of the fund of rebate as promised by them to the Khadi Ashram.

Order Date :- 10.5.2011

SRY