SARVESH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri S.K. Yadav, learned counsel for the petitioner, Sri Nitin Gupta, learned counsel for the respondent no.5 and Sri Sudhir Mehrotra, learned A.G.A. for the State.

(2.) Counter affidavit on behalf of respondent nos. 1 to 4 have been filed by the learned A.G.A. to which rejoinder affidavit has also been filed by the petitioner. So far as counter affidavit on behalf of respondent no.5, Union of India is concerned, this Court on 30.4.2012 granted time to Sri Nitin Gupta to file the same by 7.5.2012 and in spite of the earlier order dated 14.3.2012 indicating that no more time shall be granted to Sri Nitin Gupta for filing counter affidavit, no counter affidavit has been filed, the Court on 30.4.2012 considering his submissions that the draft had earlier been sent for preparation of the counter affidavit and the same has not been returned after observing the due formality, granted him further indulgence for a week. The petition was directed to be listed on 7.5.2012 vide Court's order dated 30.4.2012. On 7.5.2012, there was an illness slip of Sri Nitin Gupta and on the same, the Court passed the following order:-

(3.) On 15.5.2012, the Court heard learned counsel for the parties in the matter and judgment was reserved.