Court No. - 6
Case :- WRIT - C No. - 34359 of 2021 Petitioner :- Smt.Hewanti Devi And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rama Shankar Prasad,Chandra Prakash Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Rama Shankar Prasad Rao,lcounsel for the petitioners, learned Standing counsel for the State-respondents and perused the record.
The present writ petition under Article 226 of the Constitution has been filed for the following reliefs:-
"1. Issue a writ, order or direction in nature of certiorari quashing the impugned order dated 4.9.2019, passed by the Court of Tehsildar, Tehsil- Madhuban, District- Mau, in Case No.RST/01573/2018, Computerzied Case No. T201815510301573 (Harinanrain Vs. Km. Suman), under Section 35 of U.P. Revenue Code, 2006.
2. Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent No.4 to decide the Recall Application dated 10.10.2019, against the impugned ex- parte order dated 4.9.2019, in Case No.RST/01573/2018, Computerzied Case No. T201815510301573 (Harinanrain Vs. Km. Suman), under Section 35 of U.P. Revenue Code, 2006 which is pending before him."
It is submitted by learned counsel for the petitioner that the order dated 4.9.2019 was passed by the Tehsildar, Tehsil- Madhuban, District- Mau, in Case No.RST/01573/2018, Computerized Case No. T201815510301573 in a proceedings under Section 35 of U.P. Revenue Code, initiated by respondent no.2. without any notice to the petitioners, when order came into their knowledge, they filed a recall application on 10.10.2019 for recalling said order.
The order-sheet of the case has not been filed by the petitioner and even the said application has not been registered, learned Standing counsel submits that no useful purpose would be served to keep the writ petition pending and suitable direction may be issued by this Court to the authority concerned for deciding the same in time bound manner.
In the facts and circumstances of the case, direction is issued upon respondent No.4 Tehsildar, Tehsil- Madhuban, District- Mau, to decide the Recall Application dated 10.10.2019, in Case No.RST/01573/2018, Computerized Case No. T201815510301573 (Harinanrain Vs. Km. Suman), under Section 35 of U.P. Revenue Code, 2006 in accordance with law expeditiously, preferably within a period of four months from the date of production of a certified copy of this order.
With the above direction, the writ petition stands finally disposed of. No order as to costs.
Order Date :- 23.12.2021 Akbar