JAI PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present writ petition was dismissed vide order dated 3.9.2014, against which, the petitioner has filed Special Appeal Defective No. 680 of 2014 : Jai Prakash Vs. State of U.P. and others. A Division Bench of this Court, vide judgment and order dated 19.11.2014, while allowing the special appeal and setting aside the order dated 3.9.2014, requested the learned Single Judge to decide the same on merits after considering all possible pleas that have been made by the respective parties. Subsequently, the present writ petition was dismissed for want of prosecution vide order dated 3.7.2015. Thereafter, the petitioner has filed an application for restoration/recall of the order dated 3.7.2015 (C.M. Application No.76145 of 2015).

(2.) Heard Mr. M.P. Rao, learned Counsel for the petitioner, Mr. Badrul Hasan, learned Additional Chief Standing Counsel, Mr. Rahul Shukla, learned Counsel for the opposite party No.2- District Basic Education Officer, Barabanki and Mr. V.P. Nag, learned Counsel for the Committee of Management, Harijan Primary Pathshala, Vadipuri Lakhpeda, Post Bhamau District Barabanki headed by Kamlesh Kumar.

(3.) It appears that though a counter affidavit has been filed on behalf of Committee of Management, Harijan Primary Pathshala, Vadipuri Lakhpeda, Post Bhamau District Barabanki through Sri Shiv Mangal but none appears on his behalf.