Petition dismissed after respondent no.4 filed personal affidavit and appeared before the court, addressing the earlier absence and use of power of attorney.
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Neutral Citation No. - 2024:AHC:168459
Court No. - 9
Case :- MATTERS UNDER ARTICLE 227 No. - 11107 of 2024
Petitioner :- Sumat Bihari Vaish And Another Respondent :- Up Avas Evam Vikas Parishad And 7 Others Counsel for Petitioner :- Anand Prakash Srivastava Counsel for Respondent :- Jata Shankar Pandey,Nipun Singh
Hon'ble Rohit Ranjan Agarwal,J.
Pursuant to the order dated 15.10.2024, personal affidavit along with vakalatnama of respondent no.4- Km. Manisha Gupta has been filed through her counsel Sri J.S. Pandey, which is taken on record.
The entire case of the petitioners hinges on the fact that the respondent no.4 was not appearing before the Court below and the matter was persuaded through her power of attorney. The application 34C moved under Order 22 Rule 10-A read with Section 151 CPC has been rejected by the court below.
Once, the personal affidavit of the respondent no.4 has come and she has appeared before the Court, no case of the petitioners remains.
In view of the said facts, writ petition stands dismissed .
Sri Nipun Singh, learned counsel has appeared on behalf of respondents no.1 and 2.
Order Date :- 22.10.2024 SK Goswami
Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad
Sumat Bihari Vaish And Another
Up Avas Evam Vikas Parishad And 7 Others
Rohit Ranjan Agarwal
As recorded by the court registry
2 orders share this CNR
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