Court No. - 9
Case :- WRIT - C No. - 19508 of 2019 Petitioner :- Rajesh Respondent :- Commissioner Gorakhpur And 2 Others Counsel for Petitioner :- K.K.Rao Counsel for Respondent :- C.S.C.
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the petitioner at length.
The writ petition has been filed seeking the following relief-
"(i) Issue a writ, order or direction in the nature of mandamus to quash the order dated 6.10.2018 and corrected order dated 11.10.2018 in Civil Revision No.201705001668 (Jungi Versus Paras and others) passed by Commissioner Gorakhpur Division, Gorakhpur and/ or may grant such other and further relief as this Hon'ble Court may deem fit proper in the circumstances of case."
The order dated 06.10.2018 is an order passed by the Commissioner, whereby a substitution application was allowed and a direction was issued to the trial court to proceed with the matter, expeditiously. The revision arose out of a mutation case.
Subsequently, the order dated 06.10.2018 has been corrected to remove a typographical error that had crept in. The order of correction has been passed on 11.10.2018.
Since the proceedings wherefrom the writ petition arises are summary proceedings, which do not determine the title of the parties, and also because, in any case, the order on a substitution application is for the purposes of prosecution of the litigation, I do not find it a fit case for interference.
Although, the prayer clause talks for mandamus in fact the relief prayed for in the writ petition is one for certiorari. In this regard also the petition calls for no interference, as the writ petition is barred by latches of at least four months.
In view of what has been stated above, this writ petition fails and is dismissed.
Order Date :- 31.5.2019 Radhika