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Judgment
Karuna Nand Bajpayee, Presiding Member
Learned counsel for the petitioners seeks further time to file fresh address of the respondents which remained unserved. Order dated 09.01.2023 may be quoted hereinbelow:-
As per Office report, notice sent to the Respondents has been received back with the postal remarks “no such person.”
Let fresh address of the Respondents be given within three weeks, where-after the Registry shall issue notice to the Respondents, returnable on 20.04.2023.
List on 20.04.2023.
The office report dated 18.04.2023 shows that the fresh address of respondents was not filed and so the notice could not be issued. The matter was taken up then on 20.04.2023 but the situation remained the same. Fresh address remained unsupplied. Then when the matter was taken up on 09.06.2023, learned counsel for the petitioners requested for adjournment for the purpose of arguments on the point of condonation of delay. The Order dated 09.06.2023 reads as follows:-
On request of learned Counsel for the Petitioners, matter is adjourned to 29.09.2023 for arguments on the application seeking condonation of delay.
Again the matter was taken up on 29.09.2023 and the counsel for the petitioners was directed to furnish fresh address of the respondents. The Order dated 29.09.2023 reads as follows:-
None appears for the Respondents.
Learned counsel for the Petitioner is directed to furnish fresh address of the Respondents in exercise of due diligence in order to effect service on them within four weeks from today.
The Registry is directed to issue notice to the Respondents immediately after furnishing their fresh address by the Petitioner.
The notice to also be ‘dasti’ in addition.
The Petitioner is directed to ensure that ‘dasti’ service of the notice is duly effected on the Respondents.
List on 08.01.2024.
The office report dated 04.01.2024 shows that the fresh address has not been filed. Today learned counsel is seeking more time to file fresh address. The request for adjournment is politely declined.
The petition stands dismissed in non-prosecution.
However, in the interest of justice it may be observed that if the petitioners are interested in pursuing the matter in right earnest with due diligence and feel aggrieved by this Order they may move appropriate application for recall of Order and restoration of petition in accordance with law.
The Registry is requested to send a copy each of this Order to all parties in the petition and to the learned counsel for the petitioners. The stenographer is requested to upload this Order on the website of this Commission immediately.