Kishori Lal and Another vs State of Uttaranchal and Others

Prafulla C. Pant, J.—This MCC recall application No. 477 of 2009 moved on behalf of respondents No. 4 and 5 namely, U.P. Postal Primary Cooperative Bank, through its Secretary, 3, Balmiki Marg, Lal Bagh, Lucknow and Committee of Management through its Vice Chairman, U.P. Postal Primary Cooperative Bank seeking recall of order dated 02.05.2007 passed by this Court in writ petition No. 608 (MB) of 2006. Delay condonation application No. 6182 of 2009 moved on behalf of aforesaid two respondents for condoning the delay in moving the recall application is allowed.

Delay is condoned.

Having considered the submissions of learned Counsel for respondents No. 4 and 5 and after going through the contents of the affidavit filed with the recall application, the order dated 02.05.2007 whereby review/recall application along with delay condonation application No. 165 of 2007 was dismissed for want of prosecution, is recalled and the review application is restored to its original number.

At the request of learned Counsel for the parties heard on review application along with delay condonation application No. 165 of 2007 seeking review of order dated 17th January 2007 passed by this Court in writ petition No. 608 (MB) of 2007. Similar application has been moved on behalf of writ petitioners, which is numbered as CLMA No. 4802 of 2010 along with civil misc. application No. 4803 of 2010.

In the application No. 4803 of 2010 the writ petitioners have prayed that the writ petition may be dismissed as withdrawn. The ground for seeking dismissal of the writ petition after recalling the order dated 17.01.2007 mentioned in the application No. 4802 of 2010 is that the respondents i.e. U.P. Postal Primary Cooperative Bank has no branch in the State of Uttarakhand and the branches situated at Nainital and Dehradun have already been shifted to district Mahoba and district Gautam Budh Nagar in the State of U.P.

In view of the said development, it is stated that new cooperative society for Uttaranchal Cooperative Circle is under the process of creation, as such, U.P. Postal Primary Cooperative Bank is not operating beyond the territorial area of existing State of U.P.

Learned Counsel for respondent No. 4 and 5, who have filed delay condonation application No. 165 of 2007 along with review application, have also pleaded that they have no objection if the writ petitioners are allowed to withdraw the writ petition and if the same is dismissed as withdrawn.

Ms. Preeta Bhatt, Advocate holding brief of Smt. Beena Pande, Advocate appearing on behalf of respondents No. 2 and 3 has also no objection, if the review application is allowed nor learned Counsel for the State of Uttarakhand has any objection to the prayer made in the review application.

In the above circumstances, delay condonation application No. 165 of 2010 is allowed.

Delay is condoned.

Also the review application No. Nil of 2007 moved on behalf of respondents No. 4 and 5 is allowed. Application No. 4802 of 2010 moved on behalf of writ petitioners for recalling of order dated 17.01.2007 is allowed.

Order dated 17.01.2007 passed by this Court in writ petition No. 608 (MB) of 2006 is hereby recalled.

The writ petitioners are allowed to withdraw the writ petition, as prayed by them. The writ petition No. 608 (MB) of 2006 is dismissed as withdrawn.