Court No. - 21
Case :- WRIT - C No. - 38137 of 2009 Petitioner :- Rakesh Kumar Agrawal Respondent :- Dakshinanchal Vidyut Vitran Nigam Ltd. And Others Counsel for Petitioner :- M.K. Gupta Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi,Rajesh Tripathi
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
The petitioner has preferred this writ petition for the following reliefs:
"i) to issue a writ, order or direction in the nature of mandamus restraining the respondents from taking any coercive measure against the petitioner on the basis of recovery certificate dated 13.2.2009 (Annexure-1 to the writ petition)
ii) to issue a writ, order or direction in the nature of mandamus directing the respondents to take into consideration excess amount paid by the petitioner every month and adjust the said amount against the assessment bill and refund the excess amount forthwith alongwith interest.
iii) to issue a writ, order or direction in the nature of mandamus restraining the respondents from taking any coercive measure against the petitioner on the basis of recovery certificate dated 13.2.2009 unless the appeal filed by the petitioner and which is pending before respondent no. 2 is decided."
The writ petition is pending since 2009. No effort has been made to expedite the matter. It appears that the writ petition has become infructuous by efflux of time. From the record it transpires that either the cause of action does not survive or the petitioner has lost interest in pursuing the matter.
In view of the above, no useful purpose would be served in keeping this writ petition pending. Accordingly, writ petition is dismissed with liberty to the petitioner to move a recall application in case cause of action still survives or the dismissal of the writ petition causes any prejudice to his interest.
No order as to costs.
Order Date :- 27.2.2019 Digamber