Court No. - 45
Civil Misc. Recall Application No.52646 of 2016 In Case :- WRIT - C No. - 1947 of 2000 Petitioner :- Prem Pal Singh Respondent :- Commissioner,Agra Division Agra & Another Counsel for Petitioner :- Swapnil Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Supplementary affidavit filed today is taken on record.
The writ petition was dismissed for want of prosecution by order dated 15.5.2012. The petitioner filed a recall application contending that the cause of writ petition still survives and the writ petition has not dismissed for want of prosecution. The recall/restoration application could not be taken up for hearing as the records of the writ petition were not traceable. By order dated 16.5.2018, this court directed the office to trace out the file and record of the case and list the matter before this Court on 24.5.2018. On 24.5.2018, this Court directed the matter to be posted today in the additional cause list. The matter is posted in the additional cause list for today.
The cause of inability of the office to trace out the record has been provided by order dated 23.5.2018. The office report is extracted hereunder:
"As per report dated 23.5.2018 of the Section Officer Writ-C IV (S.J.), the record of the writ petition No.1947 of 2000 decided on 15.5.2012 is under digitization and cannot be produced till it is returned back from digitization centre.
The Delay Condonation Application No.52644 of 2016 along with Recall Application No.52646 of 2016 is put up for order."
The matters in which the judicial records were sent for digitization could not be heard due to non-availability of orders. Some matters required urgent hearing. The Hon'ble Digitization Committee passed the following orders to meet such a situation:
"If in any decided matter, the file/record is reported to have been sent for digitization, the Hon'ble Court may consider it appropriate to require the learned counsel to file copies of the records with an affidavit of the concerned party in regard to genuineness of the record after service of the copy on the learned counsel for the opposite parties."
In compliance of the orders passed by the Hon'ble Digitization Committee and consistent with the directions provided therein, the learned counsel for the petitioner has submitted an affidavit along with a copy of the records. The affidavit of the petitioner affirms the genuineness of the record. The record has been served upon the opposite party. The aforesaid averments made in the affidavit state that the newly constructed record as submitted on behalf of the petitioner is true and correct.
In view of the submissions made by the learned counsel, the cause shown is sufficient. The matter has not become infructuous. The cause of action still survives and the order dated 15.5.2012 is recalled. The writ petition is restored to its original number. The interim order dated 18.1.2000 is reinstated.
Whenever the original record is received in the office, the records reconstructed by the petitioner shall remain in the record of the writ petition.
List in due course.
Order Date :- 28.5.2018 Ashish Tripathi
Court No. - 45
Civil Misc. Delay Condonation Application No.52644 of 2016 In Case :- WRIT - C No. - 1947 of 2000 Petitioner :- Prem Pal Singh Respondent :- Commissioner,Agra Division Agra & Another Counsel for Petitioner :- Swapnil Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard.
Cause shown is sufficient. Delay is condoned.
Order Date :- 28.5.2018 Ashish Tripathi