Petitioner withdrew writ petition after being informed that remedy for modification of previous order lies in that earlier petition; court dismissed petition accordingly.
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Neutral Citation No. - 2023:AHC:164140-DB
Court No. - 46
Case :- WRIT - C No. - 24053 of 2023
Petitioner :- Mukhtar Ahmad Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Samar Bahadur Saroj Counsel for Respondent :- C.S.C,Satyam Singh
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.
Petitioner apparently had approached this Court earlier in respect of the action of recovery and a direction was issued to deposit the amount on easy terms. It is not in issue that the order passed by this Court on 18th November, 2022, has not been complied with. Various circumstances are highlighted in order to submit that the petitioner was prevented from sufficient cause in honouring with the conditions indicated in the previous order and that petitioner is now in a position to deposit the amount.
Be that as it may, once the previous petition of the petitioner has been decided by this Court, for any modification in terms thereof, the remedy of the petitioner would lie elsewhere. Just because on account of failure to comply with the previous order, the recovery has been revived, would not mean that a second petition would become maintainable.
Faced with the above observations, learned counsel for the petitioner comes with a prayer to withdraw the writ petition as he intends to move an appropriate application in the previous petition.
This petition is accordingly dismissed as withdrawn.
Order Date :- 16.8.2023 SP/-
Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad
Mukhtar Ahmad
State Of U.P.
Ashwani Kumar Mishra
Syed Aftab Husain Rizvi
As recorded by the court registry
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