Court No. - 37
Case :- WRIT - C No. - 39157 of 2018 Petitioner :- Rajpal And 2 Others Respondent :- Commissioner Meerut Region And 2 Others Counsel for Petitioner :- Sheetla Sahai Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
In the year 2002 a notice was issued to the petitioners and other tenure holders that since their leases had expired why not their lands be vested in the Gaon Sabha. Order thereafter was passed ultimately on 5.9.2002. Thereafter the petitioners filed an application for recalling of the order dated 5.9.2002. This application was dismissed in default on 29.4.2016. For recalling the order dated 29.4.2016 an application was filed by the petitioners on 30.6.2016 for recalling the order of dismissal in default with a ground that the petitioners had gone out of station and could not therefore attend the case. However, this application was rejected on merit vide order dated 6.8.2016 saying that the petitioners had tried to linger the matter for no reason whatsoever.
The contention of the learned counsel for the petitioner is that without hearing the petitioners on 6.8.2016 the order on merit could not have been passed and at the most on 6.8.2016 an order for dismissal in default could have been passed. Against the orders dated 29.4.2016 and 6.8.2016, the petitioners filed a Revision which was also dismissed on 6.10.2018 and the orders dated 29.4.2016 and 6.8.2016 were confired. Learned counsel for the petitioners also submits that the grounds which had been taken in the application dated 30.6.2016 were not considered at all.
Learned Standing Counsel, however, in reply submitted that the petitioners were indulging only in a vexatious litigation as the Asami Patta had expired way back in the year 2002 and no useful purpose would be served.
Be that as it may, this Court is of the view that if any recall application is filed and if it is being dealt with on merits then the reasons given in the application should be noted and the application could not be rejected after carving out an absolutely different case.
Under such circumstances, the revisional order dated 6.10.2018 passed by the Additional Commissioner, Judicial (4th), Meerut and the order dated 6.8.2016 passed by the Sub-divisional Magistrate, Meerut are quashed. The Sub-divisional Magistrate, Meerut will decide the recall application dated 30.6.2016 on its own merit.
The writ petition is allowed.
Order Date :- 30.11.2018 Ashish Pd.
(Siddhartha Varma,J.)