Court No. - 6
Case :- WRIT - C No. - 40393 of 2019 Petitioner :- Om Prakash Malviya Respondent :- Collector Sonbhadra And 7 Others Counsel for Petitioner :- Sudhir Kumar Malviya,Anil Kumar Rai,Samarath Singh Counsel for Respondent :- C.S.C.,Ram Babu Yadav
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner and Shri Ram Babu Yadav for the Gaon Sabha.
On 09.12.2019, the following order has been passed:-
"In view of the averments made in paragraph 18 of this writ petition, learned Standing Counsel is directed to produce the original record of Suit No. 116 of 2006 on 17.12.2019.
Put up as fresh on 17.12.2019."
In paragraph 18 of the writ petition, it has been averred as follows:-
"18. That the petitioner has also tried to obtain the certified copy of the order sheet of the Original Suit No. 116 of 2006, but it has not been provided to the petitioner by the court concerned. The petitioner asserts on oath that the restoration application filed by the petitioner dated 24.7.2010 is still pending and has not been decided finally."
By means of this writ petition, the petitioner has sought directions for expeditious disposal of a recall application filed by the petitioner on 28.05.2008.
No directions, in my considered opinion, are liable to be issued in the absence of the order sheet, which alone can indicate the reason why the matter has remained pending.
It is in this context that the averments made in paragraph 18 of the writ petition were relevant and this Court had summoned the record.
The original record produced by learned Standing Counsel shows that the order sheet has been maintained properly. It is therefore clear that the petitioner did not make adequate attempts to procure the order sheet.
Under the circumstance and since the petitioner has not come with clean hands, this Court refrains from issuing any direction for disposal of a restoration application in a time bound manner. It is however observed that matters should not be kept pending unnecessarily.
Subject to the above, this writ petition stands disposed of.
The original record is returned to learned Standing Counsel on being transmitted back from where it has been received.
Order Date :- 17.12.2019 Mayank