Court No. - 2
Case :- WRIT - C No. - 17983 of 2021 Petitioner :- Veer Pal And Another Respondent :- State Of U.P. And 12 Others Counsel for Petitioner :- Rahul Saxena Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioners, learned Standing Counsel for State authorities and Sri Sher Bahadur Singh, learned counsel appearing for fourth respondent, Gaon Sabha.
Petitioners instituted a suit for declaration against the fourth respondent, Gaon Sabha. The suit came to be dismissed for want of prosecution on 29.09.2011. Petitioners filed restoration application which was also dismissed for non prosecution vide order dated 31.07.2014. To recall the dismissal of the restoration application, a second restoration application was filed which came to be rejected by trial court by passing impugned order dated 30.09.2019 which has been affirmed by revisional court by order dated 10.02.2020. The said orders are under challenge.
It is noted in the impugned orders that the petitioners have not assigned any plausible reason for their absence, further, it appears that petitioners are not interest in pursuing the suit.
Learned counsel for the respondents submits that it is always open to the petitioners to institute a fresh suit as the suit was dismissed before framing of issues. This fact is not disputed by learned counsel for the petitioners.
In view thereof, the petition is disposed of as withdrawn with liberty to the petitioners to bring a fresh suit, if permissible, in accordance with law.
Order Date :- 13.8.2021 P. Sri.