Justice Allok Sharma dismissed the writ petition in default for non-prosecution. The court noted the absence of the petitioner's counsel's Vakalatnama and the lack of steps taken to pursue the matter despite years of pendency.
Dismissal of the writ petition in default for non-prosecution.
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S.B. CIVIL WRIT PETITION NO.43/2002 (Madan Lal Vs. The District Transport Officer, Alwar)
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
ORDER
S.B. CIVIL WRIT PETITION NO.43/2002 (Madan Lal Vs. The District Transport Officer, Alwar)
Date of Order : 01.07.2013
HON'BLE MR. JUSTICE ALOK SHARMA
Mr. Kishore Gaur, for the petitioner. BY THE COURT
It transpires from the order-sheet dated 29.11.2011 that subsequent to the transfer of the writ petition to this Court from the Rajasthan Taxation Tribunal, notices were issued to the petitioner and the respondent. The respondent has been duly served, but despite repeated efforts service upon the petitioner could not be effected and notices have been received back unserved for want of complete address.
Mr. Kishore Gaur, purporting to appear for the petitioner, states that he be allowed to take instruction from the client. His Vakalatnama is however not on record.
Considered.
The matter pertains to the year 2002. It is quite apparent that the petitioner has taken no steps follow up and / or to pursue the writ petition in spite of the Rajasthan Taxation Tribunal having been wound up about ten years ago and the matter thereon having been transferred to this Court. The
S.B. CIVIL WRIT PETITION NO.43/2002 (Madan Lal Vs. The District Transport Officer, Alwar)
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petitioner thus appears not to be interested in pursuing the writ petition.
In my considered opinion, there is on occasion to grant any time to seek instructions from the client as prayed by Mr. Kishore Gaur, who in any event is not authorized to appear for the petitioner before this Court.
Consequently, the petition is dismissed in default for non-prosecution
(ALOK SHARMA), J
MS/-
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, Jr. P.A.
2 issues framed by the court
Whether the petitioner is authorized to pursue the writ petition given the lack of a Vakalatnama on record.
Whether the writ petition should be dismissed in default due to non-prosecution and failure to effect service on the petitioner.
Madan Lal
The District Transport Officer, Alwar
Alok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
