Court No. - 18
Case :- WRIT - C No. - 14973 of 2018 Petitioner :- Chikhur @ Ganpat Respondent :- State Of U P And Another Counsel for Petitioner :- Prabhakar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Pankaj Rai, learned Addl. Chief Standing Counsel for State respondents.
The petitioner is before this Court for a direction to second respondent to decide recall application dated 2.5.2016 in Case No.292 under Section 34 Land Revenue Act (Chikhur v. Gaukaran) within stipulated period.
The record in question reflects that the petitioner had purchased old Gata No.3293/1/0-10-17, new no.1435/0.137 rakaba from one Gaukaran on the basis of registered sale deed and the name of the petitioner has been mutated in the revenue record vide order dated 31.3.2006. It is contended that heirs of Gaukaran namely Digvijay and Ram Nawal has filed time barred recall application on 2.5.2006 for recalling the earlier mutation order dated 31.3.2006. The said application was entertained and by order dated 2.5.2006 the operation of the order dated 31.3.2006 was stayed. In this backdrop, it is contended that either one pretext or the other the aforesaid recall application is pending consideration and on account of the pendency of the said application the petitioner is suffering irreparable loss and injury and as such it is requested that the said application may be directed to be decided expeditiously.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the issue and with the consent, the writ petition stands disposed of with direction to second respondent to decide the aforesaid recall applications in accordance with law expeditiously and preferably within three months from the date of production of certified copy of this order but certainly after giving opportunity to the parties concerned and without granting unnecessary adjournment to either of the parties except upon payment of cost.
Order Date :- 25.4.2018 SP/