Court No. - 42
Case :- WRIT - C No. - 13194 of 2021 Petitioner :- Smt. Aneeta Patwa Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gopal Das Srivastava Counsel for Respondent :- C.S.C.,Sheetala Prasad Pandey
Hon'ble Vivek Kumar Birla,J.
On 20.7.2021, following order was passed:
"It has been specifically stated in the counter affidavit that the impugned order has been withdrawn. A photocopy of the order has been annexed with the counter affidavit.
In such view of the matter, prima facie, present petition has become infructuous, however, it is only on the insistence of the learned counsel for the petitioner a week's time is granted to him to file the rejoinder affidavit.
In case, it turns out that the order has already been withdrawn then it would be unnecessarily wastage of Court's time as the photocopy of the order has been annexed with the counter affidavit then on the next date this Court may consider imposing cost on the petitioner.
Put up this case in the additional cause list on 28.7.2021 peremptorily.
Digitally signed by Justice Vivek Kumar Birla Date: 2021.07.28 17:23:21 IST Reason: Document Owner Location: High Court of Judicature at Allahabad It is further made clear that in case, the petitioner's counsel is not present in first call on the next date of listing, this Court may proceed with the matter."
Learned counsel for respondent no. 4 Sri S. P. Pandey has served a copy of mention slip on learned counsel appearing for the petitioner that the case will be taken up before lunch.
In the above quoted order, it was made absolutely clear that as per the counter affidavit the impugned order has been withdrawn and the counsel for the petitioner was directed to file rejoinder affidavit. On his insistence, the case was directed to be listed on 28.7.2021 peremptorily. It was also made clear that in case the petitioner is not present in the first call, this Court may proceed in the matter.
Today, when the case was called out, learned counsel for the petitioner is not present.
Accordingly, in view of the fact that the impugned order has been withdrawn, the petition is dismissed as having become infructuous.
Order Date :- 28.7.2021 Kuldeep