Kailash And Ors vs Board Ofrevenue Allahabad And Ors
2012 Latest Caselaw 1366 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 
Case :- WRIT - B No. - 5056 of 1999
 
Petitioner :- Kailash And Ors
 
Respondent :- Board Ofrevenue Allahabad And Ors
 
Petitioner Counsel :- Suresh Kumar Srivastava,K.R. Sirohi,Rajesh Yadav
 
Respondent Counsel :- S.C.,A.K.Yadav,P.A.Ansari,R.D.Yadav,R.P.S.Rao,R.S.P. Rao,S.A. Ansari
 

 
Hon'ble Prakash Krishna,J.

Heard the learned counsel for the parties.

The writ petition was dismissed in default on 12.07.2010. An application to restore the writ petition was filed which too was dismissed in default on 15.04.2011. Another restoration application was filed to recall the order dated 12.07.2010 and 15.04.2011 which was dismissed on 18.1.2011. This is an application to recall all the aforesaid orders  and restore to their  original numbers.

Learned counsel for the petitioners submits that he was prevented by sufficient cause for non attending the court on 12.7.2010. He had sent his illness slip but the restoraton application was dismissed on the ground that there are other counsel for the petitioners who were not present to press the writ petition.

Sri M.A. Ansari, learned counsel for the contesting respondents submits that the petitioners are in habit of getting the case dismissed in default. It was earlier dismissed on 5.11.2008 but was restored on 28.4.2010. Submission is that the petitioners are enjoying the stay order and is not allowing the proceedings before the authority concerned to proceed.

Taking into consideration the entire facts and circumstances of the case and also to the suggestion given by the Court that the writ petition be restored to its original number subject to payment of cost to which learned counsel for the parties agreed, the orders dated  12.07.2010, 15.04.2011 and 18.11.2011 are recalled subject to payment of cost of Rs.5,000/- by the petitioners to the learned counsel for the contesting respondents within a period of 10 days.

If the cost is so deposited, the matter shall stand restored and it will be listed before appropriate Bench.

It is made clear, if the petitioners fail to pay the cost, both the applications shall stand dismissed automatically. The case may be listed before appropriate Bench after expiry of the aforesaid period peremptorily at the top of the list and the stay order granted earlier shall remain in operation till the next date of listing.

(Prakash Krishna,J)

Order Date :- 4.5.2012

MK/