- (1.) HEARD Sri S. U. Khan, learned Counsel, now appearing for the petitioner, and Sri Y. N. Agarwal, learned Standing Counsel of the State of U. P. representing the respondent Nos. 1, 3 and 4.
(2.) THE writ petition No. 9872 of 1984, M/s friends Colonizers Pvt. Ltd. through Nasim Bano v. State of U. P. and others, was dismissed by the Court on 6th August, 1991, on the prayer of the learned Counsel then appearing for the petitioner. After more than a year and a half, to be precise on 16th March, 1993, the petitioner moved Civil Misc. Application No. 6272 of 1993, through a new Counsel, praying for recall of the order dated 6th August, 1991, dis missing the writ petition one the prayer of the earlier Counsel. On the above recall application, the Court passed an order dated 15th May, 1993, directing issuance of notice to the respondents. For the respondent Nos. 1,3 and 4, the notice had already been accepted by the learned Standing Counsel of the State of U. P. Thus, the petitioner was obliged to take steps for service of notice of the ap plication on the respondent Nos. 2,5 and 6, the main contesting respondents. The lime prescribed for taking such steps is ten days from the date of the order for the issued of notice vide Rule 3 of Chapter XII of the Rules of Court, 1952.
(3.) INDISPUTABLY, the petitioner failed to take requisite steps within the period prescribed by the Rules. It appears that he went into deep slumber and woke up after a lapse of an interminable period of more than eight years. On 19th July, 2001, the petitioner moved the application No. 62634 of 2001, praying for grant of three days time to take steps for service of notice of the Restoration Application on the respondent Nos. 2,5 and 6 in pursuance of the order of the Court dated 15th May, 1993. The above application No. 62634 of 2001 is supported by affidavit of Abdul Aziz, claiming himself to be pairokar of the petitioner. The paragraph 2 of the affidavit gives out the reason for not taking requisite steps hitherto in pursuance of the order of the Court dated 15th May, 1993.;