Ashok Kumar Tewari vs Joint Director Of Education And ...
2017 Latest Caselaw 288 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - A No. - 1613 of 1997
 

 
Petitioner :- Ashok Kumar Tewari
 
Respondent :- Joint Director Of Education And Others
 
Counsel for Petitioner :- Ashok Khare,Vashishtha Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Kumar Gupta,J.

Recall Application No.342129 of 2016 has been filed seeking recall of order dated 19.10.2016 by which the writ petition was dismissed for want of prosecution, by passing the following order :-

"Even after time having been granted no steps have been taken.

The writ petition is of 1997.

It is, accordingly, dismissed for non-prosecution. Interim order, if any, stands vacated."

In the Recall Application, it has not been disputed that the petitioner was directed to serve the fourth respondent  by registered post and he was also granted an interim protection.

In the affidavit filed in support of the recall application, it is not disputed that the petitioner did not take steps to serve the fourth respondent. The only explanation given for not being able to take steps is inadvertent omission on part of the petitioner.

The petitioner had enjoyed the interim order granted by this Court for about 20 years, without taking steps to serve the fourth respondent. The explanation furnished for not being able to take steps, is not worthy of reliance. That apart, the earlier order dated 19.10.2016 was passed because steps were not taken and not  on  account of non-appearance of the counsel. This is not even the case of the applicant in the recall application. Thus, no ground is made out to recall the order dated 19.10.2016.

The application lacks merit and is accordingly rejected.

                                                 (Manoj Kumar Gupta, J.)                   

Order Date :- 8.5.2017

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