Court No. - 10
Case :- WRIT - C No. - 35830 of 2018 Petitioner :- Dhruvpati Respondent :- Tahshildar (Judicial) And Another Counsel for Petitioner :- Purushottam Mani Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Learned counsel for the petitioner is permitted to make necessary correction in the second prayer.
Heard learned counsel for the petitioner and Shri Sanjay Kumar Singh, learned Standing Counsel for the State respondent.
Notice need not be issued to the private respondent in view of the order proposed to be passed.
In pith and substance, the petitioner is before with the prayer to command the first respondent i.e. Tehsildar (Judicial), Khadda, Kushinagar to decide the recall/restoration application moved in Mutation Case no.229 (Vishwanath vs. Jhallar) filed under Section 34 of the Land Revenue Act, 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 Tehsildar (Judicial), Khadda, Kushinagar to decide the aforesaid recall 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 :- 29.10.2018 A. Pandey