Court No. - 18
Case :- WRIT - C No. - 14947 of 2018 Petitioner :- Radhey Shyam Respondent :- Sub Divisional Magistrate Nizamabad District Azamabad And 6 Others Counsel for Petitioner :- Raj Karan Yadav Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Sheetala Prasad Dubey, learned Standing Counsel for the State respondents.
Notice need not be issued to the private respondents in view of the order proposed to be passed.
The petitioner is before this Court with the request to command the Sub Divisional Magistrate, Nizamabad, Azamgarh to decide the Recall Application dated 22.06.2015 filed by respondent in Partition Suit no.503 of 2014 (Radhey Shaym vs. Harishyam and others), expeditiously.
Learned counsel for the petitioner submits that on the said recall application, the private respondents had managed to get interim order on the execution of order dated 12.09.2014 and as such, request has been made that since then the respondents are trying to linger on the matter and as such, request has been made to decide the aforesaid recall application at the earliest.
Learned Standing Counsel very fairly state that in case the aforesaid application is still pending, the same shall be considered and decided by the Authority concerned expeditiously.
In view of the above, without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, on consent, the writ petition is disposed of finally with a direction to the Sub Divisional Magistrate, Nizamabad, Azamgarh to expedite the hearing of the aforesaid application and conclude the same expeditiously, 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 but certainly after according opportunity of hearing to all the stake holders in the matter.
Order Date :- 25.4.2018 A. Pandey