Court No. - 37
Case :- WRIT - C No. - 67 of 2021 Petitioner :- Ram Milan And 25 Others Respondent :- Additional Commissioner And 7 Others Counsel for Petitioner :- Vinod Kumar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Vinod Kumar Dwivedi, learned counsel for the petitioner and learned Standing counsel for the State.
The present writ petition under Article 226 of the Constitution has been filed for following reliefs:-
"(a) Issue a writ, order or direction in the nature of certiorari quashing the order dated 18.1.1990 (annexure no..-9 to the writ petition) passed by the Additional Commissioner (Judicial) Gorakhpur Division Gorakhpur in Revision No. 1654/377/B/89 (Triveni & 4 Ors. Vs. Ramanand & 29 Ors.) filed by the respondents no.3 to 8 against the interlocutory order dated 5.9.1989 (annexure No.7 to the writ petition) passed by the Deputy Collector, Basti Sadar, Basti/Parganadhikar/Sahayak Collector, Basti in Case No. 41/1979 ( Triveni & 4 Others Vs. Rusvat & 20 Ors) in the proceedin under Section 176 of the U.P.Z.A. & L.R. Act.
(b) Issue a writ, order or direction in the nature of mandamus directing the respondent no.1 to decide the restoration application dated 12.12.2018 filed by the petitioner within specified time & in the meantime the respondents may be directed to maintain status-quo on the spot.
(c) Issue a writ, order or direction in the nature of certiorari quashing the order dated 17.8.2015 (Annexure no. 12 to the writ petition) passed by the Deputy Collector, Basti Sadar, Basti".
It is contended by learned counsel for the petitioner that the suit for partition of holding was filed in the year 1979 registered as Case No. 41 of 1979 before the Deputy Collector, Basti Sadar which was decided ex-parte vide order dated 28.8.1989 on the basis of forged and factious compromise. Subsequently, the said order was recalled vide order dated 5.9.1989, the suit was restored to its original number. Against the order dated 5.9.1989, revision was filed before the Commissioner concerned which was decided on 18.1.1990 on the basis of forged compromise prepared by the respondents without given any notice to the petitioners and other necessary party. Subsequently, on 22.4.2013 an application was filed after 23 years for implementation of the said order. It is further contended that after obtaining the order dated 18.1.1990 by fraudulent method the private respondents did not taken any follow-up action for execution/compliance of the said order, they kept mum and after 23 years all of sudden they filed an application on 22.4.2013 before the Deputy Collector, Basti Sadar for compliance of the order dated 18.1.1990. It is next contended that the petitioners that when the order came in their knowledge, the petitioners immediately filed an application dated 12.12.2018 for recalling the order dated 18.1.1990 which is pending till date.
No useful purpose would be served to keep the writ petition pending or calling any counter affidavit from the respondents.
In the facts and circumstances of the case, direction is issued upon respondent no1 Additional Commissioner (Administration), Basti, Dvision Basti to decide the petitioners' recall application dated 12.12.2018 as expeditiously as possible preferably within a period of one month.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
With the above direction, the writ petition stands finally disposed of. No order as to costs.
Order Date :- 8.1.2021 Akbar