Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties 1 to 3. In view of order being passed, notices to opposite parties 4 to 9 stand dispensed with.
Petition has been filed seeking following reliefs:-
" (i) issue a writ order or direction in the nature of mandamus directing the Opp. Parties No.1 to 3 to take action and maintain the status-quo during the pendency of the recall Application No.278 dated 20.10.2000 pending before the Deputy Director of Consolidation District Gonda in Revision No.904 of 2000 in the interest of Justice.
(ii) issue a writ order or direction in the nature of mandamus directing the Opp. Parties No.4 to 9 to maintain the status-quo during the pendency of the Recall Application No.278 dated 20.10.2000 before the Deputy Director of Consolidation District Gonda in Revision No.904 of 2000 in the interest of Justice.
(iii) issue a writ order or direction in the nature of mandamus directing the Opp. Party No.1 to decide the Recall Application No. 278 dated 20.10.2000 pending in Revision No.904 of 2000 u/s 48 of U.P.C.H. Act (Rajeshwari Prasad Patel & others vs. Aash Mohamad &others) within stipulated time as this Hon'ble Court deem just and fit in the interest of Justice. ........."
Learned counsel for petitioner submits that petitioner has filed recall application No. 278 dated 20th October, 2000 for recall of the earlier order dated 18th April, 2000 passed by the Deputy Director of Consolidation Godna in Revision No. 904 of 2000. It is submitted that earlier also petitioner had filed writ petition No. 11756(Consolidation) of 2017 seeking a direction for early disposal of the recall application. The writ petition was disposed of by means of order dated 25th May, 2017 whereby the authority concerned was directed to decide the recall application No. 278 expeditiously, if possible within a period of six months from the date a certified copy of the order was produced before the authority concerned. Learned counsel for petitioner submits that despite the aforesaid directions, the recall application is still pending consideration and has not yet been decided, which amounts to continuing cause of action.
It has also been submitted that along with recall application, an application for interim protection had also been filed in which initially an order for preserving status quo had been passed on 23rd December, 2000, however it has not been extended and fresh cause of action has accrued to the petitioner in view of the directions issued by the Sub Divisional Magistrate on 9th July, 2021 on an application given by the opposite party No.4 due to which the petitioner apprehends that he would be dispossessed from the property in question.
It is apparent from the record that earlier also the petitioner had filed writ petition seeking virtually the same relief particularly since learned counsel for petitioner is pressing the prayer No.3 with regard to early decision on the application for recall. However it is also a matter of concern that despite specific directions having been issued to the authority concerned way back on 25th May, 2017, the same have not been complied with by the concerned authority and the recall application has been kept pending thereafter for a period of four years which prima facie amounts to contemptuous behaviour on the part of the authority concerned.
Considering that directions had earlier issued for expeditious disposal of the recall application, it was incumbent upon the Deputy Director of Consolidation to have adhered to the directions issued by this Court and non compliance of the same particularly in view of the subsequent order passed by the Sub Divisional Magistrate on 9th July, 2021 would give a fresh cause of action to the petitioner.
In view of aforesaid, the opposite party No.1 i.e. Deputy Director of Consolidation, Gonda is directed to take a final decision with regard to recall application No. 278 dated 20th October, 2000 pending in Revision No. 904 of 2000 positively within a period of six weeks from the date a copy of this order is produced before the concerned authority.
With the aforesaid directions, the petition stands disposed of.
Application for interim relief pending before the authority concerned may also be decided.
Order Date :- 26.8.2021 prabhat