Court No. - 18
Case :- WRIT - C No. - 15458 of 2018 Petitioner :- Mohrat And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri Pradeep Kumar, learned counsel for the petitioners and Sri Sanjay Kumar Singh, learned Standing Counsel for the State respondent nos.1 and 2.
Notice need not be issued to the private respondent no.3, in view of the order proposed to be passed.
The petitioners are before this Court with request to issue direction to the second respondent, Tehsildar, Tehsil Sadar, District Maharajganj, to decide recall application filed by the respondent no.3 in Case No. 1079/561, under section 34 LR Act ( Mohrat & others Vs. Rampreet).
Learned counsel for the petitioners states that the recall application is pending since 11.5.2017 and on account of pendency of the aforesaid application the petitioners are suffering irreparable loss.
Learned Standing Counsel fairly states that in case the aforesaid recall application is still pending and has not been disposed of, the same will be considered and decided expeditiously.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the first respondent to decide the aforesaid recall application after giving opportunity of hearing to the private respondent no.3, as expeditiously as possible and 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.
Order Date :- 30.4.2018 RKP