K K JAIN Vs. UOI

JUDGEMENT

(1.) CM No.6032 & 6033/2011 (for restoration of the writ petition dismissed in default on 4 th February, 2011 and for condonation of delay in applying therefor). On the condition that the counsel for the petitioner to argue on the merits of the writ petition today itself and to which the counsel for the petitioner applicant has agreed, for the reasons stated in the applications, the same are allowed. The delay in applying for restoration is condoned and the writ petition is restored to its original position. W.P.(C) No.2199/1996.

(2.) THE counsel for the petitioner has been heard. In the facts as mentioned herein below, need is not felt to hear the counsel for the respondents and the counter affidavit filed by the respondents and to which there is no rejoinder has been filed, perused.

(3.) NOTICE of the writ petition was issued and detailed counter affidavit filed by the respondent no.2. The petitioner inspite of opportunity did not file any rejoinder thereto. Rule was issued on 20 th January, 1998 since whereafter none had been appearing for the petitioner. The counsel for the petitioner however on enquiry states that the petitioner is still alive.