Court No. - 35 Case :- WRIT - C No. - 59131 of 2008 Petitioner :- Sri Maa Vindhyavasini Sanskrit Prashikshan Mahavidyalaya Respondent :- Union Of India And Others Petitioner Counsel :- Sanjay Kumar,L.B.Brahmchari Respondent Counsel :- C.S.C.,Asgi 2008/2407 Hon'ble Ran Vijai Singh,J.
Re: Modification Application No. 163565 of 2008.
This is an application for modification of order dated 21.05.2010, by which
for dereliction on the part of State respondent, the cost of Rs.30,000.00 was
imposed on the respondent.
I have heard Shri J.K. Khanna, learned Standing Counsel for the applicant and
Shri L.B. Brahmachari, the petitioner, who is appearing in person. The order
dated 21.05.2010 has been passed for the reason as on number of occasions
time was granted to the learned Standing Counsel to file counter affidavit, but
the same was not filed. It is not in dispute that while filing the writ petition
notice of the writ petition was served in the office of learned Chief Standing
Counsel, and at no point of time, these objections which have been taken in
the modification application have been raised and the Court has repeatedly
granted time.
In view of that, no case is made out for modifying the order dated 21.05.2010.
The application is misconceived and is hereby rejected. It is further directed
that the respondents shall ensure the payment of cost of Rs.30,000.00 within a
period of two weeks, and no more, from today. In case of default of non-
payment, Secretary/Principal Secretary, Secondary Education, Government of
U.P., Lucknow shall remain present before the Court. The counter affidavit be
accepted only after payment of the cost imposed.
List this case on 13th August, 2010.
Order Date :- 30.7.2010
AKSI