Court No. - 9
Case :- WRIT - B No. - 4961 of 2018 Petitioner :- Ayub Hussain Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Harish Chandra Singh,Abhijit Mishra Counsel for Respondent :- C.S.C.,Prem Prakash Srivastava,Satish Chaturvedi
Hon'ble Anjani Kumar Mishra,J.
Heard counsel for the parties.
Vide order dated 07.09.2018, counsel for the petitioner have been granted time to file a supplementary affidavit explaining the latches of 2 years and 132 days in filing the writ petition.
Not only counsel for the petitioner has failed to appear, no supplementary affidavit has been filed on record.
Under the circumstances and since latches of 2 years and 132 days, have not been explained, the writ petition is liable to be and is hereby dismissed, on the ground of latches.
However, in case, any money has been deposited by the petitioner, in pursuance of the auction proceedings which auction has been cancelled, this money is liable to be refunded to him on the auction sale being cancelled.
It will therefore, be open for the petitioner to make a proper application for the said purpose before the authority concerned to be disposed of expeditiously.
Order Date :- 29.10.2018 Jitendra