Court No. - 34
Case :- WRIT - C No. - 57297 of 2005 Petitioner :- M/S K.N.R. Construction Ltd. Thru' Project Manager Respondent :- State Of U.P. Thru' Industrial Devlp. Commissioner & Ors. Counsel for Petitioner :- J.P. Pandey Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Om Prakash-VII,J.
1. Called in revise. None appeared to press this writ petition. Learned Standing Counsel is present for respondents. In the circumstances, we ourselves have perused the record.
2. By means of present writ petition, petitioner has sought following reliefs:
“(i) Issue a writ, order or direction in the nature of certiorari for quashing the order dated 17.6.2005 & Government order dated 5.8.2002, as contained in Annexures no. 2 & 3 respectively to the writ petition.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to deduct any amount by way of royalty from the bills of the petitioner in pursuance of the Government order dated 5.8.2002.
(iii) Issue a writ, order or direction in the nature of mandamus directing the respondents to refund the amount of royalty with interest, which has been deducted from the petitioner's bills.”
3. We ourselves have gone through the pleadings, grounds as also reliefs sought and find that petitioner is not able to make out a case so as to justify interference of this Court by granting reliefs, as prayed for.
4. Moreover, it appears that either the cause of action no more survives or the petitioner has lost interest in this matter or it has otherwise become infructuous and, probably for this reason, none is interested to have decided this matter on merits and that is why, counsel for petitioner is absent.
5. Dismissed. Interim order, if any, stands vacated.
Order Date :- 30.10.2018 PS