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2023 Supreme(All) 1253

SHAMIM AHMED
Haridas Yadav – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Civil Sectt. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Arun Sinha, Ram Chandra Singh, Siddhartha Sinha, Smriti
For the Respondent: G.A., Vivek Singh

JUDGMENT :

1. The case is taken up in the revised call.

2. Heard Ms. Smriti, the learned counsel for the appellant as well as Sri Ashok Kumar Singh, the learned A.G.A. for the State-opposite party No. 1 and perused the entire record.

3. Learned A.G.A. has filed counter affidavit and in reply thereto learned counsel for the appellant has filed rejoinder affidavit.

4. Today when the case is taken up, neither any counsel has appeared on behalf of opposite party No. 2 nor counter affidavit has been filed on her behalf.

5. This Court vide order dated 25.01.2022 issued notice to the opposite party No.2. As per the office report dated 23.04.2022 notice has already been served upon the opposite party No. 2. Sri Vivek Singh, Advocate has put in appearance on behalf of opposite party No.2, but has not filed any counter affidavit till date. The matter was listed more than ten times, but no counter affidavit has been filed. Thereafter, this Court vide order dated 17.07.2023 granted ten days time to file counter affidavit. The order dated 17.07.2023 is being reproduced herein-below:

    “Ms. Smriti, the learned counsel for the appellant submits that she has searched Shri Vivek Singh, the learned counsel

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