Court No. - 38
Case :- WRIT - C No. - 27186 of 2021 Petitioner :- Ram Dulare Respondent :- Deputy Collector Meja Allahabad (Prayagraj) And Another Counsel for Petitioner :- Manish Chandra Tiwari,Mridul Chandra Tiwari,Vatsala Upadhyay Counsel for Respondent :- C.S.C.,Azad Rai
Hon'ble Rajeev Misra,J.
Heard Mr. Mridul Chandra Tiwari, learned counsel for petitioner, learned Standing Counsel representing respondent-1 and Mr. Azad Rai, learned counsel representing respondent-2, Gaon Sabha.
Petitioner has filed present writ petition for writ of mandamus commanding respondent-1, Deputy Collector Meja, Prayagraj to decide restoration application filed by petitioner in Partition Suit New No. 201802030801980 of 2018 (Old No. 202 of 2017) (Ram Dular Vs. Gram Panchayat Sidhauli Kalan, Tappa Kodhar, Tehsil Meja, Distrcit Prayagraj) under Section 116 of U.P. Revenue Code, 2006 within time bound period fixed this Court.
Learned counsel for petitioner contends that petitioner filed a partition suit which was registered as Partition Suit New No. 201802030801980 of 2018 (Old No. 202 of 2017) (Ram Dular Vs. Gram Panchayat Sidhauli Kalan, Tappa Kodhar, Tehsil Meja, Distrcit Prayagraj) under Section 116 of U.P. Revenue Code, 2006. However, aforesaid suit came to be dismissed in default vide order dated 01.02.2021 (wrongly mentioned as 02.02.2021). Petitioner filed a restoration application seeking recall of order dated 01.02.2021 on 01.02.2021 itself. However, restoration/recall application filed by petitioner on 01.02.2021 has not been decided till date. Furthermore, a period of more than seven months has rolled by from the date of filing of restoration application, but no decision has been taken by authority concerned till date. He, therefore, submits that interest of justice shall be served in case a direction is issued by this Court to respondent-1, Deputy Collector Meja, Prayagraj to decide the restoration/recall application dated 01.02.2021 filed by petitioner.
Per contra, learned Standing Counsel representing respondent-1 and Mr. Azad Rai, learned counsel representing respondent-2, Gaon Sabha have opposed the prayer made by learned counsel for petitioner.
Having heard learned counsel for petitioner, learned Standing Counsel and Mr. Azad Rai, learned counsel representing respondent-2, Gaon Sabha and upon perusal of record, this Court is of the view that interest of justice shall be served in case a direction be issued by this Court to respondent-1, Deputy Collector Meja, Prayagraj to decide the restoration/recall application dated 01.02.2021 filed by petitioner.
Accordingly, this writ petition is disposed of finally with a direction to respondent-1, Deputy Collector Meja, Prayagraj to decide the restoration/recall application dated 01.02.2021 filed by petitioner in above-mentioned Suit with all expedition without granting any unnecessary adjournment to either of the parties preferably within a period of one month from the date of production of a certified/computer generated copy of this order which shall be filed by petitioner in afore-mentioned suit by means of a notary affidavit.
With the aforesaid direction, present writ petition is finally disposed of.
Order Date :- 28.10.2021 Saif