Allahabad High Court High Court

Ngm Advertising Thru’ Chief … vs State Of U.P. Thru’ Secy. Nagar … on 5 January, 2010

Allahabad High Court
Ngm Advertising Thru’ Chief … vs State Of U.P. Thru’ Secy. Nagar … on 5 January, 2010
Court No. - 35

Case :- WRIT - C No. - 31403 of 2005

Petitioner :- Ngm Advertising Thru' Chief Executive & Another
Respondent :- State Of U.P. Thru' Secy. Nagar Vikas & Ors.
Petitioner Counsel :- H.R. Mishra,Swetashwa Agarwal,W.H. Khan
Respondent Counsel :- C.S.C.,Anjany Kumar Mishra,M.D. Singh
Shekhar,Rajesh Kumar,Shashi Nandan,Vivek Chaudhary

Hon'ble Devendra Pratap Singh,J.

Hon’ble Mrs. Jayashree Tiwari,J.

The learned counsel for the parties are not present even though this case was
taken in the revised list.

The Hon’ble Supreme Court in an appeal against an interim order passed by
this Court in this petition, has remanded it for final decision of the writ
petition itself by following order dated 20.2.2006:

“In view of the fact that the order impugned in this petition is an interim one,
we are of the opinion that interest of justice will be sub-served if the writ
petition itself is disposed wherefor we would request the High Court to
consider the desirability of hearing out the writ petition and disposing of the
same as expeditiously as possible, preferably within a period of four weeks
from the date of receipt of a copy of this order. The Unipoles said to have
been installed by the petitioner herein shall not be removed for a period of six
weeks.

The parties shall be at liberty to produce this order before the concerned
Bench. The special leave petition is disposed of with the above observations.”

As such, this Court is left with no other option but to dismiss the writ petition
for want of prosecution and vacate the interim order.

Order Date :- 5.1.2010
AKT