The court allowed the petitioner to withdraw the writ petition, granting liberty to file a separate petition challenging an order of recovery passed by the District Magistrate.
Writ petition dismissed as withdrawn with liberty to file a fresh petition challenging the District Magistrate's order.
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Court No. - 40
Case :- WRIT - C No. - 48929 of 2016
Petitioner :- Ram Bhuwan Gautum Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Nath Pandey Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
No rejoinder affidavit has been filed to the counter affidavit.
After we have heard the matter at length, we have discovered from the counter affidavit copy whereof was served on the learned counsel for the petitioner in 2016 that the District Magistrate has passed an order on 1st April, 2016 ordering recovery from the petitioner. In the rejoinder affidavit, there is absolutely not even a whisper about the said order, nor is there any challenge raised to the said order in the writ petition inspite of having knowledge even through the counter affidavit.
At this stage learned counsel for the petitioner prays that he may be permitted to withdraw the writ petition and file a writ petition challenging the said order of the District Magistrate.
The writ petition, is accordingly, dismissed as withdrawn with the said liberty.
Order Date :- 15.5.2018 S.Chaurasia
Ram Bhuwan Gautum
State Of U.P.
Amreshwar Pratap Sahi
Shashi Kant
As recorded by the court registry
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