SHAMIM AHMED,J. - (1.)Counter affidavit filed on behalf of State is already on record and in reply thereto, the learned counsel for the appellant has filed rejoinder affidavit today in Court, which is taken on record.
(2.)Shri Alok Srivastava, the learned counsel for the opposite party No. 2 was already granted time to file counter affidavit on 2/3/2023, since then the case listed 3-4 times, but he has not filed any counter affidavit. He submits that he will argue the matter in absence of any counter affidavit.
(3.)Heard Shri Amrendra Nath Singh, learned Senior Advocate, assisted by Shri Ravi Kant Pandey, the learned counsel for the appellant, Ms. Shikha Sinha, the learned A.G.A. for the Stateopposite party No. 1 as well as Shri Alok Srivastava, the learned counsel for the opposite party No. 2 and perused the record.