BAIKUNTH NATH TIWARI AND 6 OTHERS v. STATE OF U.P. AND 4 OTHERS
CMRA/502/2024 · 2025-07-08
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 105712 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 105712 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:109264 Court No. - 5 Case :- CIVIL MISC REVIEW APPLICATION No. - 502 of 2024 Applicant :- Baikunth Nath Tiwari And 6 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Bhola Nath Yadav,Raj Kumar Yadav Counsel for Opposite Party :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. This Court has passed following order on 05.03.2024 :-
"Learned counsel for the petitioner is not present. Sri Manvendra Dixit, learned Standing Counsel is present. This writ petition is pending since 2018. In pursuance of earlier writ petition, claim of the petitioner was rejected by impugned order dated 9.9.2016 that the concerned school was never recognized nor brought under the grant-in-aid. Learned Standing Counsel submits that there is no material available to contradict the aforesaid finding. In aforesaid circumstances, since counsel for petitioner is not present, this writ petition is dismissed for want of prosecution with the cost of Rs.500/- to be paid by the counsel for petitioner in the High Court Bar Association, Allahabad. Interim order if any, stands vacated. Registry would accept any application for restoration if filed, only with proof of payment of cost. "
2. Learned counsel for petitioners submits that relevant documents were not brought into notice of this Court and he refers documents placed in writ petition as well as in supplementary affidavit and prays that order be recalled and matter be heard finally.
3. I have considered the above submissions and perused the record. I find that it is a fit case to recall the order dated 05.03.2024, therefore, review application is allowed and the
order dated is hereby recalled.
Order Date :- 9.7.2025/P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad