MC 1567/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Ghosh, learned counsel for the applicant as well as Mr. Roshid , learned counsel appearing for the writ petitioners/opposite parties. The applicant, who is the respondent No.4 in WP(C) No.93/2009 by the pre sent application, is praying for recalling the order dated 07.12.2009 passed in Misc. Case No.2985/2009 arising out of the said writ petition. The writ petitioners filed an application praying for a direction to cal l for the following records from the respondents, on the basis of which Misc. Ca se No.2985 /2009 has been registered and numbered:- (i) Money Receipt Register. (ii) Engagement Letters/Appointment Letters. By order dated 07.12.2009 the said miscellaneous application has been di sposed of allowing the prayer of the writ petitioners to call for the said recor ds and accordingly the Registry on 11.12.2009 issued a notice to the present app licant to produce the following records:- 1. Money receipt register of the writ petitioners and private respondents N o.6 to 12 (during daily wage earner). 2. Appointment or engagement letters/orders of the private respondents (pri or to fixation of the fixed salary). The applicant in the present application more particularly in paragraph 7 has stated that the division does not maintain any money receipt register and the vouchers containing details of casual labours and amount paid is submitted t o Auditor General Assam during submission of accounts. It has also been stated t hat money receipt (cash accounts) signed by the writ petitioner No.1 for the mon ths of November 1989, March 1991, September 1991 and August 1993 could however b e found in the division which have already been produced before the Registry of this Court on 20.05.2010. It has also been stated in the affidavit that no money receipt pertainin g to other petitioner Nos.2 to 7 and the respondent Nos.6 to 12 could be found. The applicant further stated in the said affidavit that no engagement or appointment letters are found to have ever issued either to the petitioners or to the respondents. On the aforesaid statement the present application has been filed to rec all the order dated 07.12.2009. This court by the aforesaid order dated 07.12.2009 directed production o f records as directed herein above, part of which have been submitted and the re maining part has not been submitted for which the petitioners in the present app lication has shown cause. Whether such causes as shown are acceptable or not, to be considered at the time of final hearing of the writ petition only. That being the position, while closing the miscellaneous application, th e averments made in the miscellaneous application shall definitely be taken into consideration at the time of hearing of the writ petition. Misc. case is, therefore, closed with the aforesaid observation.