Court No. - 13
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 3800 of 2018 Petitioner :- Ram Ranjan Singh Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Dileep Kumar Srivastava Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Salil Kumar Rai,J.
(C.M. Application No. 2 of 2018) The present recall application has been filed by the applicant/respondent No. 6 praying for recall of the order dated 2.8.2018 passed by this Court, on the ground that the aforesaid order was obtained by the petitioner without disclosing that the applicant/respondent No. 6 had already filed original suit No. 1282 of 2010 for permanent prohibitory injunction regarding the disputed plot and in the said case certain private persons have been impleaded as defendants. It is relevant to note that Gaon Sabha is not a party in the aforesaid case. However, the facts stated in the recall application are not relevant and sufficient to recall the order dated 2.8.2018 as the petitioner shall have an opportunity to present his case before the concerned Assistant Collector in any proceedings registered under Section 67 of the Uttar Pradesh Revenue Code, 2006 as directed by this Court vide its order dated 2.8.2018 and before passing appropriate orders in the said proceedings, the concerned Assistant Collector shall consider the defence taken by the applicant/respondent No. 6.
For the aforesaid reason, the present recall application is
dismissed.
Order Date :- 26.10.2018 Anurag/-