Vahid @ Vahid Khan vs Ram Babau Agarwal And Another
2021 Latest Caselaw 1707 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 4
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 4765 of 2020
 

 
Petitioner :- Vahid @ Vahid Khan
 
Respondent :- Ram Babau Agarwal And Another
 
Counsel for Petitioner :- Anil Kumar Tripathi
 
Counsel for Respondent :- Kumar Anish
 

 
Hon'ble Vivek Kumar Birla,J.

Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the State respondents and Sri Kumar Anish, learned counsel appearing for the caveator - respondent no. 1.

Present petition has been filed seeking quashing of the order dated 13.2.2020 passed by the Special Judge, SC & ST Act filed as Annexure-4 to the writ petition. A further prayer in the nature of mandamus directing the respondents to recall the ex-parte order/judgment dated 9.8.2017 passed by the Additional District Judge, Court No. 2/Small Cause Judge, Agra and decide the case on merit has also been made.

Stamp Reporter has reported laches of 201 days on the date of reporting.

Sri Kumar Anish, learned counsel for the caveator - respondent no. 1 submits that a revision would be maintainable against the order impugned herein.

Learned counsel for the petitioner submits that he may be permitted to withdraw this petition so as to enable the petitioner to avail the remedy available to him in accordance with law.

Prayer aforesaid is allowed.

This petition stands dismissed as withdrawn with liberty to the petitioner to avail the remedy as may be available to him in accordance with law.

Office is directed to return the certified copy of the impugned order within three days after keeping a photo stat copy of the same on record.

No costs.

Order Date :- 28.1.2021

p.s.