Court No. - 46
Case :- WRIT - C No. - 1811 of 2019 Petitioner :- Baleshwar And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ghazala Bano Quadri Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners and Sri Rajesh Singh, learned Standing Counsel for the State.
The petitioners have come up in the writ petition to execute the order dated 25.07.2018 passed by the Assistant Collector/Tehsildar, Meja, District Allahabad in case no.01190/2018 (Computerized case no.T-201802030801190) (Gaon Sabha Vs. Bhullar).
This Court on 14.02.2019 had passed the following order:-
"The petitioners are aggrieved by the fact that the order dated 25.07.2018 was not being implemented and the encroachments as had been found by the Tehsildar to be existing on the Plot No. 1574 were not being removed.
Learned Standing Counsel to take instructions. Put up this case on 12.03.2019 as unlisted."
Learned Standing Counsel on instructions received, states that against the order dated 25.07.2018 passed by the Assistant Collector/Tehsildar, a recall application has been filed by one Bhullar which is pending and next date in the matter is 06.05.2019. He submits that due to pendency of the recall application, the order of Tehsildar could not be implemented.
Be that as it may, considering the facts and circumstances of the case, this Court is of the opinion that a direction be issued to the Assistant Collector/Tehsildar, Meja, District Allahabad to decide the recall application filed by respondent no.4 on the next date i.e. 06.05.2019, and if for any reason, the recall application is not decided on the next date, the same shall be decided expeditiously preferably within a period of one month thereafter.
The instructions of learned Standing Counsel is taken on record. The writ petition is disposed off.
Order Date :- 30.4.2019 S.Sharma