Court No. - 9
Case :- WRIT - B No. - 5463 of 2018 Petitioner :- Mohd. Ahasan And Another Respondent :- Deputy Director Of Consolidation And 5 Others Counsel for Petitioner :- Pradeep Kumar Rai Counsel for Respondent :- C.S.C. connect with
Court No. - 9
Case :- WRIT - B No. - 23035 of 2013 Petitioner :- Sandeep Respondent :- D.D.C. And 2 Ors.
Counsel for Petitioner :- V.K. Upadhyay,S.K. Upadhyay Counsel for Respondent :- C.S.C.,Amit Kumar Chaudhary,Rakesh Singh,U.C. Chaturvedi
Hon'ble Anjani Kumar Mishra,J.
Case called out in the revised list. None has appeared for the petitioner to press Writ Petition No.23035 of 2013.
Shri Pradeep Kumar Rai,who appears for the petitioner in connected Writ Petition No.5463 of 2018 has stated that the counsel for the petitioner in Writ Petition No.23035 of 2013 have informed him that they do not have any instructions in the matter.
It is necessary to note that this matter has been continuing in the additional cause list for the last one month and on earlier occasions Shri V.K. Upadhyay had appeared.
Under the circumstances, Writ Petition No.23035 of 2013 is hereby dismissed, for want of prosecution.
Interim order, if any, stands discharged.
As a consequence of the aforesaid order, Writ Petition No.5463 of 2018 is liable to be allowed because by the order impugned, a restoration application filed by the petitioner was ordered to be consigned to the record on account of pendency of Writ Petition No.23035 of 2013, which has been dismissed, above.
Accordingly, Writ Petition No.5463 of 2018 is hereby, allowed.
The Deputy Director of Consolidation is directed to consider the restoration application filed by the petitioner on 22.04.2016, which has been ordered to be consigned vide the order impugned dated 18.07.2018, which is also set aside.
Order Date :- 22.2.2019 RKM