JUDGMENT :

1. This writ petition is under Article 226 of the Constitution of India, whereby and whereunder orders dated 15.02.2008 passed in Pre-emption Case No.05 of 2004-05, order dated 23.03.2011 passed in Pre-emption Appeal No.02 R-15 of 2008-09 and order dated 18/23.07.2013 passed in Revision Case No.17 of 2011 have been assailed.

2. This Court has found from the record that the notices were issued upon the Respondent No.5 through registered cover with A/D as well as by ordinary process, as would appear from order dated 21.07.2016. The Respondent No.5 has appeared, as would appear from the office note and also filed Vakalatnama.

The matter was taken up on 19.08.2021 but non represented the concerned respondent. However, on 21.10.2021, Mr. Mritunjay Choudhary, learned counsel for the Respondent No.5 had appeared and sought for two weeks’ time since he was not ready with the brief and accordingly, on his prayer, time was allowed.

Again, on 16.12.2021, appearance on behalf of Respondent No.5 was made, being represented by Mr. P.P.N. Roy, learned senior counsel.

The matter, thereafter, was listed on 21.02.2022, but none appeared on behalf of Respondent No.5 on that date.

This Cour