Neutral Citation No. - 2025:AHC:118350 Court No. - 5 Case :- WRIT - A No. - 53869 of 2009 Petitioner :- Suresh Kumar Respondent :- State of U.P. and Others Counsel for Petitioner :- K.K. Tiwari Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. None appears on behalf of counsel for petitioner. This writ petition is earlier dismissed for want of prosecution on 17.01.2023, however, subsequently, by an order dated 22.08.2023, the order was recalled. This Court has passed following order on 04.07.2024:- "Heard Sri K.K. Tiwari, learned counsel for the petitioner and learned Standing Counsel. It transpires from the order sheet that on 15.12.2009 time was granted to the respondents to file counter affidavit. However, no counter affidavit has been filed till date. All the respondents are represented by learned Standing Counsel. Learned Standing Counsel is granted four weeks' and no more time to file counter affidavit. List on 02.08.2024. It is made clear that even if the counter affidavit is not filed by the next date fixed, the Court will proceed to decide the case on the basis of pleadings available on record. " No counter affidavit is filed yet. Sri Brijesh Mani Shukla, learned Standing Counsel for State by referring impugned order dated 13.05.2009 submits that petitioner has not come forward to join in pursuance of appointment letter dated 22.10.2008 i.e. even after 6 months. Learned Standing Counsel also submits that a vague averment has been taken in paragraph 10 of this writ petition that petitioner has taken charge in pursuance of appointment letter dated 22.10.2008, however, there is no proof of taking charge. A photocopy of attendance sheet annexed along with this writ petition from December, 2008 to May, 2009 could not be accepted since petitioner has shown his presence even on holidays. In aforesaid circumstances, not only counsel for petitioner is repeatedly absent but on above referred facts also, no case of interference is made out. Accordingly, writ petition is dismissed with a cost of Rs.5000/- to be deposited in District Legal Services Authority, Jhansi. Order Date :- 21.7.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad