Court No. - 10
Case :- WRIT - C No. - 36121 of 2018 Petitioner :- Dev Datt Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Mahabir Yadav,Sanjay Singh Gaharwar Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Rahul Malviya, learned Standing Counsel for the State respondents.
Notice need not be issued to the private respondents in view of the order proposed to be passed.
The petitioner is before this Court with the request to command the Assistant Collector, 1st Class/Sub Divisional Magistrate, Tehsil Iglas, District Aligarh to decide the restoration/recall application of the petitioner filed in Case no.158/2013 (Languria and others vs. Dev Dutt and others) filed on 22.09.2014 for recalling the ex- parte order dated 11.10.2013, 04.06.2014, 17.06.2014 passed by third respondent in proceeding under Section 176 of UPZA&LR Act 1950, expeditiously.
Learned Standing Counsel very fairly states that in case the aforesaid application is still pending, the same shall be considered and decided by the Authority concerned expeditiously.
In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, on consent, the writ petition is disposed of finally with a direction to the Assistant Collector, 1st Class/Sub Divisional Magistrate, Tehsil Iglas, District Aligarh to decide the aforesaid application expeditiously, preferably within a period of three months from the date of production of a certified copy of this order before him, without granting unnecessary adjournments to either of the parties, except upon payment of cost but certainly after according opportunity of hearing to all the stake holders in the matter.
Order Date :- 30.10.2018 A. Pandey