Writ petition preferred against an order of recovery was withdrawn by the petitioner with liberty to file a fresh petition challenging the order.
Writ petition dismissed as withdrawn with liberty to file a fresh petition challenging the order of the District Magistrate.
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Court No. - 40
Case :- WRIT - C No. - 49542 of 2016
Petitioner :- Ram Dwar Singh Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pramod Kumar 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The writ petition, is accordingly, dismissed as withdrawn with the said liberty.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 Dwar Singh Yadav
State Of U.P.
Amreshwar Pratap Sahi
Shashi Kant
As recorded by the court registry
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