Court No. - 18
Case :- WRIT - C No. - 23337 of 2021 Petitioner :- Parveer Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Aditya Counsel for Respondent :- C.S.C.,Kirtika Singh
Hon'ble Ajay Bhanot,J.
Heard Sri Anil Kumr Aditya, learned counsel for the petitioners, learned Standing Counsel for the respondent Nos.1 and 2-State and Ms. Kirtika Singh, learned counsel for the respondent No.3-Nagar Nigam. The petitioners have filed an application for recall of the order dated 15.10.2009 on 11.11.2020, which has been registered as Case No.1 of 2008-09 (State Vs. Jaswant Kaur) and is pending before the respondent no.2/Sub Divisional Officer, Sadar, District- Saharanpur.
The only prayer made by Sri Anil Kumr Aditya, learned counsel for the petitioners is that the restoration application registered as Case No.1 of 2008-09 (State Vs. Jaswant Kaur) filed by the petitioners may be decided within a stipulated period of time.
Ms. Kirtika Singh, learned counsel for the respondent No.3-Nagar Nigam as well as learned Standing Counsel contend that the petitioners do not have locus standi to file a restoration application.
Interest of justice will be served by directing the learned court below/ respondent no.2/Sub Divisional Officer, Sadar, District-Saharanpur, to decide the restoration application filed by the petitioners registered as Case No.1 of 2008-09 (State Vs. Jaswant Kaur), within a period of three months from the date of production of a computer generated copy of this order, downloaded from the website of High Court, Allahabad. The authority/official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
The learned court below/ respondent no.2/Sub Divisional Officer, Sadar, District-Saharanpur, shall notice and hear all necessary parties before passing the final order on the application and also determine the issue of locus standi of the petitioner in case it is raised by the parties to the lis.
It is clarified that this Court has not gone into the merits of the case. The same shall be decided by the court below upon independent application of mind and in accordance with law.
The writ petition is disposed of.
Order Date :- 27.9.2021 Ashish Tripathi