Court No. - 21
Case :- WRIT - C No. - 63730 of 2011 Petitioner :- Vijay Bahadur Singh Respondent :- State Of U.P. And Others Counsel for Petitioner :- Ajay Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioner has preferred this writ petition for a direction upon the respondents for payment of his dues in terms of the Committee report which has considered the claim of the petitioner. The relief prayed for in the writ petition reads as under:-
"1. Issue a writ, order or direction, in the nature of mandamus directed to the respondent no. 2 to release all dues amount which was accepted to the committee report dated 06.06.2011 as well as other claims of the petitioner which is pending against them with interest accordance with law in the interest of justice.
2. Issue a writ, order or direction in the nature of mandamus directing to the authority concerned to consider the claim of the petitioner in respect of the representation dated 18.08.2011 and directed to decided expeditiously within stipulated period in the interest of justice."
Learned counsel for the petitioner is not present. Learned standing counsel is present. Heard and perused the material on record.
At the time of the entertaining the writ petition the counter affidavit was called for from the respondents. The respondents have filed counter affidavit. The stand was taken by them that pursuant to the order of this Court, the entire amount has been refunded to the petitioner and copy of the said communication dated 26.11.2011 is on record as Annexure-5 to the counter affidavit. There is no rejoinder affidavit on record.
In view of the said communication, we find that the cause of action does not survive.
Accordingly, the writ petition is dismissed as infructuous.
We grant liberty to the petitioner to file recall application, if the cause of action still survives or this order causes any prejudice to his interest.
Order Date :- 28.11.2018 V.S.Singh