Hon'ble Jaspreet Singh,J.
Heard Sri Anish Srivastava, learned counsel for the petitioner, Sri Asit Kumar Chaturvedi, learned Senior Counsel assisted by Sri Ropesh Kumar, learned counsel for the respondent nos.3 and Sri Manish Mishra learned Standing Counsel for the State-respondent nos. 1, 2 and 3.
It is submitted by learned counsel for the petitioner that on the day when the case was listed, the counsel was out of town, therefore he could not mark his presence which fact has been supported by an affidavit filed in support of the recall application.
On due consideration, we are of the view, that cause shown in the recall application is sufficient for recalling the order dated 25.03.2019.
The order dated 25.03.2019 is recalled.
The recall application No.51409 of 2019 is allowed.
The writ petition is restored to its original number.
As per record of the writ petition, no counter affidavit has been filed by the State-respondent nos. 1, 2 and 4.
Supplementary counter affidavit sworn by Sri Ram Abhilash, Special Land Acquisition Officer, Rae Bareilly has been filed and on perusal thereof, it appears to be very vague since no material evidence or document has been brought on record.
Considering the aforesaid, we direct the District Magistrate Rae-Bareilly to go through the supplementary counter affidavit and file a detailed counter affidavit within a period of 15 days from today failing which, we will pass an order for his personal appearance on the next date of listing.
[Jaspreet Singh,J.] [Pankaj Kumar Jaiswal,J.] Order Date :- 28.8.2019/S.Ali