Allahabad High Court
Dipti Mishra vs State Of U.P.,Thu. Secretary Basic ... on 6 January, 2010
Author: Shabihul Hasnain
Bench: Shabihul Hasnain
Court No. - 23 Case :- SERVICE SINGLE No. - 8140 of 2009 Petitioner :- Dipti Mishra Respondent :- State Of U.P.,Thu. Secretary Basic Education ,U.P.Govt. Petitioner Counsel :- Narendra Gupta Respondent Counsel :- C.S.C.,Prashant Arora Hon'ble Shabihul Hasnain,J.
Heard Sri Narendra Gupta learned counsel for the petitioner and Sri Rana Mrityunjay Singh for opposite party no. 5 who has filed a counter affidavit, which is taken on record. A plea has been taken in this counter affidavit that this is the second writ petition which is not maintainable as the earlier writ petition was withdrawn by the same petitioner.
The learned counsel for the petitioner says that the writ petition was withdrawn with a liberty to file a fresh petition but he could not say this fact on oath as he could not see the file in the office. He informs that the file of the Writ Petition No. 4613(S/S) of 2009 and the Special Appeal No. 563/2009 are not traceable in the office .
Office is directed to trace the file and put it at proper place and the petitioner is at liberty to inspect the file through proper procedure. List this case in the next week.
Order Date :- 6.1.2010 Om.