DEV SHANKAR AND KARMENDRA SINGH Vs. NAGAR NIGAM

JUDGEMENT

(1.) Instant is the application filed by the applicant (respondent No. 3), hereinafter referred to as the applicant with the prayer to recall the ex parte order dated 20-7-1999 passed by this Division Bench and to direct respondent Nos. 1 and 2 not to interfere in realisation of Tahbazari for Ramo Devi Chauraha Market, Kanpur Nagar, Kanpur in pursuant to the impugned order. The applicant has filed an affidavit in pursuant to the order of this Court, herein referred to as the affidavit and supplementary affidavit respectively. No reply to the aforesaid affidavits has been filed either by the petitioner or by respondent Nos. 1 and 2.

(2.) On 10-9-1999 this Court passed order thus 'put up the case on Wednesday i.e., on 15-9-1999'. Both the Counsel for the parties shall file their supplementary affidavit. State shall file its counter affidavit in the meantime. The case, however, came up on 16.9.1999 and this Court passed an order 'the case be put up on 21.9.1999 at 1.30 p.m. in the Chamber. The petitioner shall present personally in the Court. The case accordingly came up on 21.9.1999. The petitioner was not present though he was directed to be present personally before the Court.

(3.) We have heard Sri S.K. Singh, the learned Counsel who has put in appearance for the petitioner and Sri R.C. Singh, the learned Counsel for the applicant. The learned Standing Counsel is present. None appeared for respondent Nos. 1 and 2.