Court No. - 9
Case :- WRIT - C No. - 14307 of 2019 Petitioner :- Balveer Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Madan Mohan,Prem Sagar Verma Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Ashish Kumar Srivastava for the respondent no.3, Gaon Sabha.
The writ petition has been filed seeking the following relief -
"(i) To issue a writ, order or direction in the nature of mandamus, directing the respondent no.2, Sub-Divisional Officer, Sadar, Mainpuri to consider and decide the question of limitation first before deciding the recall/ restoration application filed by the repsondent no.4 on 23.06.2016 to recall the order dated 14.05.2003 in Case No.16/2003 (Balveer Sngh Vs. Gaon Sabha) arising out of the proceeding under Section 161 of the U.P. Zamindari Abolition and Land Reforms Act relating to village Lodhipur, Pargana, Tehsil and District Mainpuri."
From the submissions made, it transpries that in proceedings under Section 161 of the U.P. Zamindari Abolition and Land Reforms Act, an order of exchange was passed in favour of the petitioner.
Against the order for exchange, a time barred recall application, filed by the respondent no.4 is pending consideration since the year 2016.
Under the circumstances, the writ petition is disposed of directing the respondent no.2, Sub Divisional Officer, Sadar District Mainpuri to dispose of the said restoration and Section 5 application pending therein, expeditiously and preferably within a period of three months from the date a certified copy of this order is filed before respondent no.2.
Order Date :- 26.4.2019 RKM