- (1.) The case has been taken up in the revised list. The learned counsel for the petitioner has drawn the attention of the Court to the order dated 13.2.2006 passed by Hon'ble Sabhajeet Yadav, J., as under: - "Despite time granted twice no counter affidavit has been filed on behalf of respondents. As a last opportunity three weeks' and no more further time is granted to the learned counsel for the respondents to file counter affidavit. In case the counter affidavit is not filed within the time indicated above, the Chairman, Gomti Gramin Bank, Jaunpur is directed to appear in person before the Court on 17th March 2006. Learned counsel for the petitioner undertakes to inform in writing this order to the learned counsel appearing for respondents. List on 17th March, 2006."
(2.) A perusal of order dated 7.3.2006 reveals that the aforesaid order was wrongly transcribed to be listed on 17.3.2006 instead of 7.3.2006 and the case was directed to be listed on 28.3.2006. However, on 28.3.2006, the case was passed over on the illness slip of Sri H. N. Tripathi, learned counsel for the petitioner.
(3.) Thereafter the case was taken up on 19.4.2007 when Hon'ble Rakesh Sharma, J. passed the following order: - "Sri H.N.Tripathi has put in appearance on behalf of the petitioner and has pleaded that this writ petition was filed in the year 1995 and no counter affidavit has been filed by the respondents despite several opportunities being allowed to them. List this case for final hearing in the next week. If counter affidavit is not filed by them, this Court shall have no option except to apply the law laid down by the Hon'ble Supreme Court in the cases reported Choksi Tubes Co. Ltd. Vs Union of India (1997) 11 S.C.C. 179 and Nasim Bano Vs State of U.P. and others, (A.I.R. 1993 S.C. 2592) that where a plea taken is not controverted or replied it amounts to admission.";