Shiv Kishore Dwivedi vs State Of U.P. Thru ...
2016 Latest Caselaw 382 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 

 
C.M. Application No. 76184 of 2015
 
In Re:
 
Case :- SERVICE SINGLE No. - 4994 of 2013
 

 
Petitioner :- Shiv Kishore Dwivedi
 
Respondent :- State Of U.P. Thru Prin.Secy.Revenue Deptt.Civil Sectt.&Ors.
 
Counsel for Petitioner :- Avadhesh Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ritu Raj Awasthi,J.

Heard.

This is an application for recall of the order dated 02.07.2015 whereby application for restoration of the writ petition was dismissed for want of prosecution. The application is supported by an affidavit.

Learned counsel for petitioner submits that inadvertently by mistake he could not be present at the time when the case was taken up. The recall application preferred by the petitioner was also rejected as counsel for petitioner was out of station, when the said application was taken up.

The cause shown in the affidavit filed in support of the application is sufficient to recall of the order. However, the order shall be recalled by imposing cost.

Accordingly, the application is allowed.

The orders dated 02.07.2015 and 24.7.2014 are hereby recalled.

The writ petition shall be restored to its original number, subject to condition that the petitioner deposits Rs. 2,000/- with the Senior Registrar of this Court, who, on deposit of the amount, shall remit the same to the Medication and Conciliation Center of this Court.

List in the next cause list before appropriate Court.

Order Date :- 11.3.2016

Santosh/-