A writ petition filed by S. Devi against the Board of Revenue was dismissed for want of prosecution. The single-judge bench held that service of notice was deemed sufficient due to office reports stating no appearance was received.
Writ petition dismissed for want of prosecution. Interim order vacated.
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Court No. - 11
Case :- WRIT - B No. - 2771 of 1991
Petitioner :- S. Devi Respondent :- Board Of Revenue
Hon'ble Salil Kumar Rai,J.
After the death of Shri Ashish Goyal, learned counsel for the petitioner, this Court vide order dated 30.1.2018 directed that notice be issued to the petitioner to engage another counsel. Through its office report dated 2.2.2018, the office reported that in pursuance to the order dated 30.1.2018 passed by this Court notice was issued to the petitioner fixing 26.2.2018. However, office reports dated 23.2.2018 and 2.4.2018 state that neither undelivered envelop has been received nor any appearance has been received on behalf of the sole petitioner.
In view of the office reports dated 23.2.2018 and 2.4.2018, service of notice upon sole petitioner is deemed sufficient.
The case has been called out in the revised list. None appeared on behalf of the petitioner to press the present writ petition.
Accordingly, the present writ petition is dismissed for want of prosecution.
Interim order, if any, stands vacated.
Order Date :- 3.4.2018 Anurag/-
2 issues framed by the court
Whether the writ petition should be dismissed for want of prosecution due to lack of appearance by the petitioner.
Whether deemed service of notice is sufficient to justify dismissal in the absence of the petitioner.
S. Devi
Board Of Revenue
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
