C. p. Mishra & Brothers Through Kaushlesh Prasad Mishra v. Union Of India
2019-09-13
ANUBHA RAWAT CHOUDHARY
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JUDGMENT Anubha Rawat Choudhary, J. - Heard Rajeev Ranjan Tiwary, counsel appearing on behalf of the petitioners. 2. Heard Mr. Abhishek Kumar Dubey, counsel appearing on behalf of the respondents. 3. Counsel for the petitioners submits that this petition has been filed for modification order dated 31.07.2018 passed in W.P. (C) No. 3780 of 2013 seeking a direction upon the respondents to accept the license fee as directed by this Court and further for direction upon the respondents to withdraw the letter dated 08.11.2018. He further submits that due to certain error on the part of his office, the payment could not be made within the stipulated timeframe as mentioned in order dated 31.07.2018. The counsel submits that initially an application was filed for issuance of certified copy, but his advocate clerk did not deposit the requisite Stamp and accordingly the application for issuance of certified copy was rejected on 12.09.2018 and thereafter fresh application for certified copy was filed on 09.10.2018 and the certified copy was received by the petitioner only on 24.10.2018 and thereafter he approached the authority for depositing the amount. 4. However, Counsel for the petitioners, upon instructions, submits that order dated 08.11.2018 contained in Annexure 6 to this petition asking the petitioner to vacate, has already taken its effect. 5. Counsel appearing on behalf of the respondents opposes the prayer and submits that the order passed by this court in the writ petition may not be modified, in as much as, on the one hand, the order passed by this Court was not complied by the petitioner and much water has flown as the petitioner has already been evicted on account of non-compliance of order dated 31.07.2018 passed in the writ petition. 6. After hearing the counsel for the parties and considering the facts and circumstances of this case, this Court finds that the order dated 31.07.2018 in W.P. (C) No. 3780 of 2013 has already taken its effect and accordingly this Court is not inclined to modify the said order. 7. Accordingly, C.M.P. No. 578 of 2018, is hereby dismissed.