High Court of Judicature at Allahabad
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Devendra Singh v. State Of U.P. And Others - WRIT - C No. 708 of 2000  RD-AH 1642 (14 July 2005)
Hon'ble Amitava Lala,J.
Hon'ble Sanjay Misra,J.
According to the petitioner the writ petition was dismissed on 17.2.2004. The petitioner himself instructed to procure the certified copy of the order dated 17.2.2004 itself. In the supplementary affidavit the deponent himself stated that he was not aware of counsel elevation of the Bench prior to 17.2.2004 but no explanation has been given why the application of certified copy of the order was made on 4.5.2005 and after procuring certified copy on 6.5.2005, the application is made on 7.5.2005. The application is totally misconceived. It appears that the counsel was engaged only after obtaining the certified copy as on 7.5.2005. Therefore, there is no laches on the part of the counsel but on the part of litigant alone. We have given enough opportunity to come with the supplementary affidavit but the supplementary affidavit is silent on that score. Therefore, we do not find any reason to condon the delay in making such application or allow the prayer for restoration. Therefore, both the applications are dismissed. However, no order is passed as to costs.
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