Hon'ble Mrs. Sunita Agarwal,J.
By the Order dated 13.01.2011, the Court directed the learned Standing Counsel "to take fresh steps through Registered A.D. as well as personal service for which steps may be taken within 10 days".
From the Office Report dated 25.01.2011, it appears that requisite steps for issuance of notice to the respondent No.2 through Registered Post A.D. were taken, and accordingly, notice was issued to the respondent No.2 by Registered Post A.D. fixing 03.03.2011.
The Office Report dated 09.02.2012 shows that the notice issued to the respondent No.2 by Registered Post A.D. "has been returned undelivered without any report".
As regards the direction for personal service on the respondent No.2 as given in the Order dated 13.01.2011, the Office Report dated 25.01.2011 states that "Dasti notice handed over to the Clerk of the C.S.C. Office fixing 03.03.2011 for respondent No.2".
The concerned Clerk of the Chief Standing Counsel Office signed on the Order-Sheet on 25.01.2011 in token of receipt of Dasti notices for service on the respondent No.2.
The Office Report dated 09.02.2012 states that "Dasti notice handed over to the Clerk of the C.S.C. fixing 03.03.2011 for R.No.2 but an Affidavit of service has not been filed by the learned C.S.C.".
Civil Misc. Application No. ----- 2012 has been filed today on behalf of the appellants.
An Affidavit, sworn by Smt. Madhuri Pandey, presently posted as Review Officer and Incharge of the Special Appeal Section in the Office of the Chief Standing Counsel, High Court, Allahabad has been filed in support of the said Application.
Registry is directed to give appropriate number to the aforesaid Application.
It is, inter-alia, stated in the Affidavit accompanying the aforesaid Application that Dasti Notices, which had been received from the Registry by the Clerk of the Office of the Chief Standing Counsel on 25.01.2011, were misplaced in the Office of the Deponent, and in the circumstances, the direction for personal service on the respondent No.2, as given in the Order dated 13.01.2011, could not be complied with.
In the circumstances, the prayer has been made in the aforesaid Application that time be granted to the appellant for taking fresh steps for service of notice on the respondent No.2 through personal service, as per the direction given in the Order dated 13.01.2011.
Having regard to the averments made in the aforesaid Application and its accompanying Affidavit, we are of the view that the prayer made in the aforesaid Application deserves to be granted.
We, accordingly, direct that the Registry will provide necessary fresh Dasti Notices to the appellant by 06.04.2012 for personal service on the respondent No.2. The said service will be effected by 09.04.2012. Affidavit of service will be filed by 10.04.2012.
The case will be listed before the Court on 11.04.2012.
Order Date :- 4.4.2012 Chandra