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SATISH KUMAR versus SHRI BIJENDRA SINGH & OTHERS

High Court of Judicature at Allahabad

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Satish Kumar v. Shri Bijendra Singh & Others - ELECTION PETITION No. 9 of 2004 [2006] RD-AH 11131 (7 July 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. S.P. Mehrotra, J.

Pursuant to the order dated 12.5.2006, the case is listed today. Shri Anil Kumar Bajpayee, learned counsel for the petitioner, is present.

In the order dated 10.2.2006, it was, interalia, stated as follows in regard to the respondent nos. 5,8 and 15:

"Pursuant to the order dated 13.1.2006, the case is listed today. The Office has submitted its Report dated 10.2.2006.

From a perusal of the said Office Report, it is evident that the fate of notices sent to the respondent nos. 5,8 and 15 by Ordinary Process is still not known.

In the circumstances, the matter regarding service of notice sent to the said respondents, namely, respondent nos. 5,8 and 15 by Ordinary Process will be considered on the next date fixed in the matter.

Further, the matter regarding service of notice sent to the said respondent nos. 5,8 and 15 by Registered Post A/D will also be considered on the next date fixed in the matter."

As regards the respondent no. 6, it was, interalia, stated as follows in the said order dated 10.2.2006:

"................In view of the aforesaid, service of notice sent by Registered Post A/D to the respondent no.6 cannot be held to be sufficient. Similarly, service of notice sent by Ordinary Process to the respondent no.6 cannot be held to be sufficient.

Shri Vinod Mishra holding brief for Shri Anil Kumar Bajpayee, learned counsel for the petitioner prays for and is granted one month's time for supplying correct and complete address of the respondent no.6. Notice will be sent to the respondent no.6 by Ordinary Process as well as by Registered Post A/D fixing the next date fixed in the matter."

It will thus be noticed that by the said order dated 10.2.2006, learned counsel for the petitioner was granted one month's time for supplying correct and complete address of the respondent no.6, and notice was directed to be sent to the respondent no.6 by Ordinary Process as well as by Registered Post A.D. fixing the next date fixed in the matter.

Civil Misc. Application No.......of 2006 has been filed on behalf of the petitioner.

Registry is directed to give appropriate number to the said application.

It is, interalia, prayed in the said application that one month's time be granted to the petitioner for ascertaining the correct address of the respondent no.6 and for taking requisite steps.

The application is supported by an affidavit of Satish Kumar (petitioner), sworn on 11.5.2006.

It is, interalia, stated in the said affidavit that since the petitioner remained out-of-station for one and half month with regard to his personal work, therefore, the information in regard to the order dated 10.2.2006 could not be gathered by him; and that the petitioner could not take steps within time as directed by this Court in the said order dated 10.2.2006; and that ultimately when the telephone of the Counsel for the petitioner was received by the petitioner, the petitioner immediately contacted his counsel at Allahabad on 10.5.2006; and that the petitioner be granted at least one month's time to ascertain correct address of the respondent no.6 and to take steps.

I have heard Shri Anil Kumar Bajpayee, learned counsel for the petitioner, and perused the record.

The order dated 10.2.2006 was passed in the presence of Shri Vinod Mishra holding brief for Shri Anil Kumar Bajpayee, learned counsel for the petitioner as is evident from a perusal of the said order dated 10.2.2006. In the circumstances, the Court cannot appreciate as to why needful could not be done for such a long period since 10.2.2006. Even no application praying for further time for supplying correct and complete address of the respondent no.6 was filed on behalf of the petitioner.

On 12.5.2006, when the case was taken up, learned counsel for the parties were not present.

The aforementioned application has been filed today after a lapse of about five months since the passing of the said order dated 10.2.2006.

Though the Court cannot appreciate the conduct of the petitioner, but having regard to the circumstances mentioned in the affidavit accompanying the aforementioned application, filed today, the Court, in the interest of justice, is granting further time to do the needful pursuant to the order dated 10.2.2006.

Accordingly, one month's further time is granted to the petitioner for supplying correct and complete address of the respondent no.6. Notice will be sent to the respondent no.6 by Ordinary Process as well as by Registered Post A.D. fixing next date fixed in the matter.

The matter regarding service of notice sent to the respondent nos.5,8, and 15 by Ordinary Process and by Registered Post A.D., as mentioned in the order dated 10.2.2006, will be considered on the next date fixed in the matter.

List this case on 3.11.2006.

The case will be listed amongst the cases listed at the top of the Cause List of the said date.

The aforementioned application, filed today, stands disposed of accordingly.

Dt. 7.7.2006

safi


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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