Court No. - 9
Case :- WRIT - C No. - 19066 of 2019 Petitioner :- Isravati Devi Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Parmatma Prasad Pandey Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Anjani Kumar Mishra,J.
Case called out in the revised list. None has appeared for the parties.
The writ petition has been filed seeking the following reliefs-
i) issue a writ, order or direction in the nature of mandamus directing the respondents not interference in peaceful possession of the petitioner over the land in dispute.
ii) issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to decide the recall application dated 11.11.2016 filed in Case No.T201805310201303 (Case No.315/97) (isravati Devi Vs.Ram Bihari and others) under Section 229-B Z.A. Act within stipulated period which is pending before the respondent no.2/ Sub Divisional Magistrate, Tehsil Khajni, District Gorakhpur (Annexure No.3 to this writ petition).
In so far as the relief No.1 is concerned, the mandamus prayed for in the writ petition amounts to granting an interim injunction to the petitioner. No mandamus can be issued to the private respondents. The first relief is therefore, misconceived and is rejected.
In so far as the second relief is concerned, the writ petition is disposed of directing the respondent no.2 to consider the recall application of the petitioner and to dispose of the same by a reasoned and speaking order, as expeditiously as possible.
Order Date :- 30.5.2019 RKM