(Restoration Application No. 121056 of 2010) This is an application for restoration of the writ petition after recalling the order dated 31.3.2010 dismissing the writ petition for non-prosecuction.
Restoration application is within time.
Further, the absence of the counsel for the petitioner when the case was called out for hearing on 31.3.2010 has been satisfactorily explained in the affidavit filed in support of the recall application.
Accordingly the recall application is allowed.
The order dated 31.3.2010 passed by this Court is hereby recalled.
The writ petition is restored to its original number and file.
Order Date :- 24.9.2021 Anurag/-
The present writ petition has been filed challenging the orders dated 3.10.1991 and 31.5.1993 passed by the Tehsildar, Tehsil-Kairana, District-Muzaffar Nagar and the Board of Revenue, U.P., at Lucknow.
The petition arises out of the order passed in mutation proceedings which do not finally decide the rights of the parties.
In view of the aforesaid, it is not a fit case for interference by this Court under Article 226 of the Constitution of India and the challenge to the orders dated 3.10.1991 and 31.5.1993 passed by the Tehsildar, Tehsil-Kairana, District- Muzaffar Nagar and the Board of Revenue, U.P., at Lucknow is rejected.
However, in the interest of justice, it is directed that in case the proceedings before the Tehsildar, Tehsil-Kairana, District-Muzaffar Nagar have not yet been completed, the same shall be completed within a period of six months from the date a copy of this order is produced before him.
With the aforesaid direction, the writ petitions are
disposed of.
Order Date :- 24.9.2021 Anurag/-