Bhagauti Prasad and 2 Others v. State of U.P. and Another

Court No. - 87 Case :- APPLICATION U/S 482 No. - 6815 of 2018 Applicant :- Bhagauti Prasad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Srivastava Counsel for Opposite Party :- G.A.,Shivesh Mishra Hon'ble Neeraj Tiwari,J.

¶1Case was called out. Sri Shivesh Mishra, learned counsel for the opposite party no.2 as well as learned AGA is present whereas Mr. Pramod Kumar Srivastava, learned counsel for the applicant is not present.

¶2Sri Shivesh Mishra, learned counsel for the opposite party no.2 has produced the mention slip with the receiving of Mr. Pramod Kumar Srivastava, learned counsel for the applicant, but when the case is taken up, learned counsel for the applicant is not present. Mention slip dated 1.11.2023 is taken on record.

¶3Sri Shivesh Mishra, learned counsel for the opposite party no.2 submitted that this second application for the same cause of action, therefore, same is not maintainable. He further submitted that on the previous occasions too i.e. 9.1.2023 & 18.10.2023, learned counsel for the applicant was not present.

¶4I have perused the order sheet. When the case was heard on

9.1.2023, Court has passed the following order:- Case has been called out out of turn on the mention made by the learned counsel for applicants. However, no one is present on behalf of the applicants to press this application even in the revise call. Accordingly, list in ordinary course.

¶5Again, case was heard on 18.10.2023, Court has passed the following order:- "1. This matter is taken up out of turn on the mentioning slip submitted by Sri Shivesh Mishra, learned counsel for opposite party no.2 stating that counsel for the applicants has received notice of mentioning the case. The said mentioning slip is taken on record.

¶2Learned counsel for the opposite party no.2 submits that he has filed the counter affidavit, but the same is not available on record.

¶3List this case on 01.11.2023 in the additional cause list.

¶4In the meanwhile, learned counsel for the applicant may file rejoinder affidavit, if so desires.

¶5The matter shall not be treated as tied up or part heard to this Bench."

¶6From perusal of the order sheet, it is apparently clear that counsel for the applicant was not present on the previous occasions too i.e. 9.1.2023 & 18.10.2023 and further, it appears that applicant is willing to contest the case any further.

¶7Accordingly, the application is dismissed for want of prosecution.

¶8Interim order, if any, stands vacated. Order Date :- 1.11.2023 Junaid High Court of Judicature at Allahabad