COMMITTEE OF MANAGEMENT OF KRISHAK UPKARAK HIGHER SECONDARY SCHOOL Vs. DEPUTY DIRECTOR OF EDUCATION IIIRD REGION BAREILLY

JUDGEMENT

(1.) By an order dated 24.7.1997 the writ petition was dismissed as having become infructuous by efflux of time. On 5.8.1997 an application for restoration has been filed. Sri Shashi Nandan submits that since he was prevented by sufficient reasons from appearing in the Court, when the said order was passed, therefore, he could not place the facts that the application had not become infructuous. Dr. R.G. Padia, learned counsel for the respondents, on the other hand opposes the said prayer.

(2.) I have heard both the learned counsel for the parties and perused the pleadings and records. It appears that sufficient grounds have been made out for non-appearance of Sri Shashi Nandan, learned counsel for the petitioner. A perusal of the record also shows that as pointed out by Sri Shashi Nandan that the said application requires determination and has not become infructuous.

(3.) In that view of the matter, the application is allowed. The order dated 24.7.1997 is recalled and the writ petition is restored to file.