Extracted from the PDF above. The PDF is authoritative.
Court No. - 7
1. Case :- WRIT - A No. - 835 of 1989 Petitioner :- R.S. Singh Respondent :- State Of U.P. Counsel for Petitioner :- S.V. Mishra,G. Prakash,Gyan Prakash,J.N. Tewari,S.K.Mishra,T.N. Tiwari,U.C. Mishra,V.C. Mishra,V.C. Misra Counsel for Respondent :- S.C.,K.P. Misra,Km. P. Mishra,Km. Pratima Mishra
2. Case :- WRIT - A No. - 462 of 1989 Petitioner :- Bijendra Singh Respondent :- State Of U.P. & Others Counsel for Petitioner :- Smt. S.V. Misra,B.D.Rai,B.S. Bist,T.N.Tiwari Counsel for Respondent :- Pratima Misra,K.M. Mishra,K.M.P.Misra,S.C. Hon'ble Surya Prakash Kesarwani,J. List revised. Case called out. No one appears on behalf of the petitioners to press this writ petition. Name of nine counsels are shown in the cause list as counsel for the petitioners. One of the counsels, Sri T.N.Tiwari, has sent illness slip. From the records it appears that accommodation on account of illness slip is being abused. Facts in this regard are being narrated below: On 9.1.2006, the writ petition was dismissed in default but by order dated 27.4.2006, it was again restored. On 27.4.2007, the writ petition was dismissed in default. By order dated 15.7.2011, the restoration application was allowed and the order dated 27.4.2007 was recalled and the writ petition was restored to its original number. By order dated 16.11.2015, the writ petition was again dismissed for want of prosecution observing as under:
"This writ petition is of the year 1989. It has been adjourned on the past three consecutive occasions on the illness slip of Sri T.N. Tiwari , learned counsel for the petitioner. The matter was directed to be listed peremptorily on the last occasion. Though the case is listed peremptorily today but again an illness slip has been sent by the learned counsel for the petitioner. Such an application for adjournment is not liable to be entertained as the matter is already listed peremptorily. There are number of other counsel appearing for the petitioner. Nobody has appeared despite the matter being called out in the revised list. In such circumstances, this court has no other alternative but to dismiss the writ petition for want of prosecution. Writ Petition is dismissed for want of prosecution. Interim order, if any, stands vacated." However, by order dated 24.10.2016 the writ petition was restored and the
order dated 16.11.2015 was recalled and the writ petition was again restored to its original number. Again on 9.2.2017, the writ petition was dismissed in default. However, it was restored by order dated 2.1.2018. Perusal of the order sheet discloses that Sri T.N.Tiwari, learned counsel for the petitioners has been regularly sending illness slip to get the case adjourned as is also evident from the aforequoted order dated 16.11.2015.
On 23.1.2018, the case was passed over on the illness slip of Sri T.N.Tiwari. Today, Sri T.N.Tiwari, learned counsel has again sent illness slip.
Facts as briefly noted above leaves no manner of doubt although this writ petition was dismissed for several times for non prosecution and the orders were recalled on applications of the petitioner. Therefore, merely on illness slip of one of the counsels out of nine counsels of the petitioners, the writ petition can not be adjourned today which is pending in this Court from about 29 years. In view of the aforesaid, it appears that either there is no substance in the writ petition or for the reason best known to the petitioners, they do not want to get the writ petition decided on merit. In view of the aforesaid, both the writ petitions are dismissed.
Order Date :- 20.4.2018/vkg