TRILOK CHANDRA PANDEY Vs. STATE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner on the Restoration Application seeking recall of the order dtd. 26/4/2019, dismissing the writ petition for want of prosecution and vacating the interim order dtd. 26/9/2008. The reason which has been assigned in the Restoration Application is that the petitioner had to come from Ram Nagar to Nainital to attend his case, but due to some fault which was developed in his car he could not put in appearance before the Court within time, in the meantime, the list has been revised and the matter was dismissed for want of prosecution and the interim order was vacated.

(2.) Considering the grounds taken in the Restoration Application (MCC No.440 of 2019) and being satisfied with the reasons for absence on 26/4/2019, the same is allowed. The order dtd. 26/4/2019 dismissing the writ petition for want of prosecution is recalled and the Writ Petition is restored to its original number.

(3.) As the matter happens to be of 2008, the same is being proceeded to be heard on merits with the consent of the counsel for the parties. In the present writ petition in question, the petitioner has challenged the recovery citation dtd. 2/9/2008, as issued by the respondent Mandi Samiti, for recovery of the rent due to be paid towards the residential accommodation which was allegedly allotted to the mother of the petitioner on 20/3/1999, by the orders of the Sub Divisional Magistrate, Rishikesh, Dehradun, passed on representation of the petitioner under the pretext of being defendant of a freedom fighter, passed on 28/4/1999.