Court No. - 9 Civil Misc. Application for Vacation of Stay No.180459 of 2010 IN Case :- WRIT - C No. - 29679 of 2010 Petitioner :- Shankar Lal Respondent :- Union Of India Thru' Secy. Min. Of Agriculture & Corp. Petitioner Counsel :- Mahesh Narain Singh,H.R. Mishra,Rohit Respondent Counsel :- A.S.G.I.,S.K.Mishra Hon'ble Vijay Manohar Sahai,J.
Hon’ble Mrs. Jayashree Tiwari,J.
Heard learned counsel for the petitioner and Sri K.N.Tripathi learned senior
counsel assisted by Sri J.L.Pandey, Advocate for respondent no.3. Sri
S.K.Mishra, learned counsel appearing for respondents no.1 and 2 has filed
counted affidavit. Sri K.N.Tripathi agrees that there was a mistake in the order
dated 14.6.2010 passed by this court as the Stay Vacation Application was
filed along with an affidavit and it was not filed along with a counter affidavit.
This Stay Vacation Application under Article 226(3) of the Constitution of
India has been filed on 3.7.2010 supported by an affidavit. Still the
respondents have not filed counter affidavit and the assertions made in the
writ petition are uncontroverted. Sri Tripathi susggests that this application be
disposed of with a direction that the writ petition itself be heard at an early
date and the stay order may remain operative. He further prays that some time
may be granted to him for filing counter affidavit. He prays for and is allowed
two weeks’ time to file counter affidavit. One week thereafter is allowed to the
petitioner to file rejoinder affidavit. In view of the statement made by Sri
K.N.Tripathi, learned senior counsel for respondent no.3, this Stay Vacation
Application is rejected.
Let the writ petition be listed for admission/final disposal on 29.7.2010.
Order Date :- 6.7.2010
PK