Court No. - 5
Case :- WRIT - C No. - 7764 of 2018 Petitioner :- Vishwambhar Nath Mishra Respondent :- Ddc, Ballia Counsel for Petitioner :- Maithali Sharan Pipersenia Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Naqvi,J.
Heard learned counsel for the petitioner and the learned standing counsel.
It is urged that appropriate direction be issued to respondent no.1 to conclude the proceedings of Revision No.779/1995 (Vishwambhar Nath vs. Nagendra Upadhyay and others), within a stipulated period. Learned counsel for the petitioner vehemently submits that it was a 3rd occasion, where the restoration application filed on behalf of the private respondents, stands allowed.
Learned standing counsel submits that no useful purpose would be served by keeping this petition pending, it be disposed of by giving appropriate direction to the respondent concerned.
Considering the facts and circumstances of the case, this petition is disposed of with the direction to the respondent concerned to conclude the aforesaid proceedings to its logical conclusion, as expeditiously as possible, preferably on the next date fixed, but not later than 3 months from the date of the production of the certified copy of the order. It is made clear that the respondent concerned would not grant unnecessary adjournments, adjournments if any, shall be for strong and compelling reasons, else would attract cost of Rs.250/-, to be paid to the other side.
Learned counsel for the petitioner undertakes not to seek any frivolous adjournment before the respondent concerned and so is expected from the opposite party concerned.
It is clarified that the proceedings as far as possible should not be repeatedly adjourned, merely on the ground that the Presiding Officer is busy in administrative work.
It is made clear that no further opportunity be granted to the contesting respondents.
Order Date :- 27.2.2018 Chandra