Notice on behalf of opposite party no.1 has been accepted by the learned Chief Standing Counsel.
In view of the order proposed, issuance of notice to opposite party no. 2, is hereby dispensed with.
By means of present writ petition, the petitioner is seeking a writ in the nature of mandamus for directing the Naib Tehsildar, Tehsil Sirauli Gauspur, District Barabanki, to decide the recall application of petitioners dated 23.04.2012 in the mutation case (Mohd. Rehan Khan vs. Khaleel Khan), under section 34 of U.P. Land Revenue Act, pending in the Court of opposite party no.1, within time frame fixed by this Court.
Learned Standing Counsel has no objection to the prayer of learned counsel for the petitioner.
On due consideration, this Court feels that ends of justice would be served if necessary directions are issued to Naib Tehsildar, Tehsil Sirauli Gauspur, District Barabanki, to consider and decide the recall application of petitioners dated 23.04.2012 in the mutation case (Mohd. Rehan Khan vs. Khaleel Khan).
Accordingly, Naib Tehsildar, Tehsil Sirauli Gauspur, District Barabanki, is hereby directed to make an endeavour to consider and decide the recall application of petitioners dated 23.04.2012 in the mutation case (Mohd. Rehan Khan vs. Khaleel Khan), if the same is pending before him, in accordance with law, after affording opportunity to all the parties concerned, within a period of three months from the date of receipt of a certified copy of this order.
With the aforesaid observations and directions, the writ petition is disposed of finally.
Order Date :- 13.3.2014 Vijay/Tanveer