(Oral)
1. Heard learned Counsel for the petitioners and learned Additional Chief Standing Counsel.
2. The petitioners are aggrieved by an order dated 07.03.2019 passed by the Board of Revenue, U.P., Lucknow, in Revision No.R-200611480024825 (Ram Naresh Vs. Smt. Ghanpatta) under Section 219 of the U.P. Land Revenue Act and also the order dated 20.12.2014 passed by the Sub-Divisional Magistrate, Gauriganj, Amethi, in Case No. 40/1988 (Ram Bahadur [substituted Smt. Sitapati] Vs. Ram Naresh and others).
3. From a perusal of the order of the Board of Revenue, it is apparent that initially an appeal was filed by the private respondent against the order of the Sub-Divisional Magistrate dated 20.09.1988. The said appeal was allowed on 20.12.2004 and the matter was remanded to the Sub-Divisional Magistrate to consider and decide the application for mutation afresh. The Sub-Divisional Magistrate decided the same by his order dated 05.09.2005, against which the revision was filed in 2006.
4. It has been submitted by learned Counsel for the petitioner that when the matter was remanded on 05.09.2005, the petitioner filed a revision and on 19.04.2008, the Board of Revenue passed the interim order and had also summoned the lower court record. The said revision, however, was dismissed in default on 26.03.2012 and the lower court record was sent back to the court concerned. The petitioner thereafter moved an application for recall of the order dated 26.03.2012, however the said application was also dismissed in default on 30.11.2012. The petitioner had again moved a recall application for recall of the orders dated 26.03.2012 and 30.11.2012. The recall application of the petitioner was allowed on 27.08.2015 and the revision was restored to its original number but by that time, the Sub-Divisional Magistrate has passed the order dated 20.12.2014 and the petitioner did not have any knowledge of the same. Thereafter, the petitioner filed an application for recall of the ex parte order dated 20.12.2014 before the Sub-Divisional Magistrate on 01.01.2015. The recall application was not considered and the Revisional Court passed the order dated 07.03.2019.
5. From a perusal of the order of Board of Revenue, this Court does not find any apparent error as the revision had been filed against the earlier order, which had lived its life. After dismissal of the revision in default and the matter being remanded to the court for the decision afresh, the court of the Sub-Divisional Magistrate also decided the matter on 20.12.2014. Thereafter, the application of the petitioner for recall of the order dated 20.12.2015 is pending before the Sub-Divisional Magistrate, Gauriganj, Amethi. Therefore, a direction is issued to the Sub-Divisional Magistrate to consider and decide the recall application within a period of six weeks from the date a certified copy of this order is produced before him.
6. With the aforesaid observation, the writ petition is disposed of.
Order Date :- 27.9.2019 Rahul/-