JALIM PRASAD YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) A counter affidavit on behalf of respondent nos.1 to 3 duly affirmed on 17.1.2008 was filed in this case on 11th February, 2009 but without serving copy thereof on the counsel for the petitioner, however with endorsement dated 17.1.2008 on the notice appended with the counter affidavit that learned counsel for the petitioner is not available Counsel for the petitioner Sri Amitesh Kumar refuted the endorsement dated 17.1.2008 as incorrect and stated that he is a regular practitioner in the High Court and always attends the Court.

(2.) In view of the statement made by the learned counsel for the petitioner, I directed the counsel for the State, Sri Vijay Kumar Pandey, AC to GP-20 to pay a cost of Rs. 500/- to the counsel for the petitioner but Sri Pandey declined to pay the amount. In such view of the matter, I have no option but to ignore the counter affidavit.

(3.) Heard learned counsel for the petitioner and the State.