VIJAY SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS shall dispose of application under Section 151 CPC for recalling of order dated November 7, 2005 passed in CWP 886 of 2003.

(2.) AT the outset, we may say that not only the application for recalling order dated November 7, 2005 in CWP 886 of 2003, is an abuse of the process of the Court, but CWP 886 of 2003 too was an abuse of the process of the Court. CWP 886 of 2003 was heard by Division Bench of which I was one of the Members on November 7, 2005. Learned Counsel for the petitioner argued for nearly an hour and after hearing the other Counsel, and on meticulously going through the record of the writ petition, the Bench was of the considered view that the writ petition is nothing but an abuse of the process of the Court and when we were about to dismiss the same with costs of Rs. 40,000/ , learned Counsel for the petitioner Shri Rajiv Sharma, Senior Advocate, in order to save the petitioner from heavy costs, made a statement to withdraw the writ petition. In the light of the statement made by the learned Counsel for the petitioner, following order was passed by the Bench : Learned Counsel for the petitioner states that writ petition may be dismissed as withdrawn. Order accordingly. However, while permitting the petitioner to withdraw the writ petition, we direct all the authorities concerned including Municipal Corporation and the Electricity Department to grant immediately electricity connection as well as water connection to respondent No. 4 so that he can enjoy his property.

(3.) WE have heard the learned Counsel for the petitioner once again for more than an hour and also the Municipal Corporation and respondent No. 4.