Heard learned counsel for the parties.
This petition filed under Article 227 of the Constitution of India was disposed of by order dated 08.07.2021 with the following directions:-
"The plaintiffs in the suit instituted under Section 229-B of U.P.Z.A & L.R.Act have also filed an application for impleadment of the present petitioner on the ground that he claims to have purchased the land in dispute under a sale deed in the year, 2014.
It is expected that the impleadment application filed in the suit proceeding may be decided expeditiously and preferably within a period of three months from the date of presentation of an attested copy of this order.
The petition is accordingly disposed of.
An application for correction of the aforesaid order i.e.C.M.Application No.84244 of 2021 has been filed by the petitioner prior to which an application for recall of the order has also been filed on behalf of opposite party nos.2,3 and 4.
In the application for correction of the order, it is prayed that this Court at the time of disposal of the petition had also directed for expeditious disposal of the suit proceedings instituted under Section 229-B of U.P. Z.A & L.R.Act and this part of the order has not been transcribed.
It may be noted that at the time of perusal of the material placed on record, it was found that the petitioner was not impleaded in the suit and it is for this reason, the direction was restricted only to the extent of disposal of the pending impleadment application. In fact, the clear factual position was not narrated in the petition,therefore, whatever was gathered from the material placed on record, a direction was accordingly issued within the scope of Article 227 of the Constitution of India.
The correction application interestingly has come to be filed after filing of the application for recall of order dated 08.07.2021. It appears that the petitioner on going through the recall application seems to have gathered knowledge of the factual position being different than what was stated in the petition, hence the application for correction has come to be filed. Learned counsel for the petitioner ought to have been vigilant.
C.M.Application No.83477 of 2021 seeking recall of order dated 08.07.2021 in paragraph-7 of the application has stated that the application for impleadment as directed to be decided by order dated 08.07.2021 was already decided by the court concerned on 21.06.2021. As such, the order passed by this Court on 08.07.2021 was of no consequence. It is also submitted that the order has come to be passed on account of the reason that complete facts were not placed before this Court.
Be that as it may, once the impleadment application has already been decided by the court below, the recall of the order dated 08.07.2021 in no manner would prejudice the rights of either of the parties. The order passed by this Court on 08.07.2021 is accordingly recalled and the application is allowed.
Learned counsel for the parties at this stage have informed that an application for transfer of the proceedings is also pending before the Additional Commissioner, Ayodhya in respect of the pending proceedings under Section 229-B of U.P. Z.A & L.R.Act.
Both the parties may appear before the court below and co-operate in the disposal of the pending application for transfer of the proceedings fixed on 10.08.2021. It is expected that the said application may be disposed of by the competent court on the date fixed and for any reason, if the transfer application is not decided on the said date, the same may be decided not later than a period of two weeks thereafter. In the light of the order passed on the transfer application, the competent court is also expected to decide the suit proceedings expeditiously and without allowing undue adjournments.
Parties are also expected to co-operate with the suit proceedings.
The petition is accordingly disposed of.
Order Date :- 28.7.2021 Shahnaz