Om Prakash Mehta vs State Of U.P. And Others
2013 Latest Caselaw 3571 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 58566 of 2011
 

 
Petitioner :- Om Prakash Mehta
 
Respondent :- State Of U.P. And Others
 
Counsel for Petitioner :- R.B. Trivedi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Sushil Harkauli,J.

Hon'ble Naheed Ara Moonis,J.

Notice was issued to the respondent no.5 by registered post.

On 21.3.2013 following order was passed in this case :-

"It is mentioned in the office report dated 22.11.2011 that notice was issued by registered post to the respondent no.5 and neither acknowledgment nor undelivered cover has been returned back after service. The service on the respondent no.5 is therefore presumed.

Learned counsel for the State may file counter affidavit on behalf of the respondent no.4 within a month."

On 29.4.2013 following order was passed :-

"As a last opportunity, learned State counsel is granted one month and no more time to file counter affidavit, failing which the matter will be decided ex-parte.

List the case after one month."

Neither counter affidavit has been filed nor the respondent no.5 has put in appearance. There are serious charges of embezzlement made in this PIL. For want of rebuttal, despite the stop order, there is no reason at this stage for disbelieving the uncontroverted allegations made in the writ petition.

In the circumstances, we direct the respondent no.2 to get a proper and thorough inquiry conducted into the matter, and to place the result of the inquiry by means of an affidavit before this Court within three months from the date on which the certified copy of the order along with self attested copy of the writ petition is presented before the respondent no. 2.

(Naheed Ara Moonis, J.)(Sushil Harkauli, J.)

Order Date :- 3.7.2013

Mustaqeem.