Court No. - 54 Case :- APPLICATION U/S 482 No. - 25967 of 2010 Petitioner :- Raj Pal And Another Respondent :- State Of U.P. & Another Petitioner Counsel :- H.P.Mishra Respondent Counsel :- Govt. Advocate Hon'ble Vinod Prasad,J.
Connect this application along with Criminal Misc. Application No. 19318 of
2010 (Sanjeev Vs. State of U.P and another) and list along with aforesaid
application.
It is contended by the learned counsel for the applicants that the dispute is
civil nature in which civil suit is pending between the parties.
Learned counsel for the applicant has relied upon the Judgment of the Hon’ble
Apex Court reported in 2008(1) JIC 737 S.C. Indra Mohan Goswami and
others Vs. State of Uttranchal and others, in support of his contention. Issue
notices to opposite party no.2 returnable within four weeks. Steps be taken
within one week.
Learned A.G.A. prays for and is granted four weeks time to file counter
affidavit. Opposite party no.2 may also file counter affidavit within the same
period. As prayed by learned counsel for the applicants, two weeks thereafter
is granted for filing rejoinder affidavit.
Both the application are directed to be listed in the week commencing
08.11.2010 before appropriate Bench.
Till the next date of listing, no coercive action shall be taken against the
applicant in the aforesaid case.
Order Date :- 11.8.2010
Sharad