Court No. - 18
Case :- WRIT - C No. - 20267 of 2021 Petitioner :- Ravi Pratap Sahi Respondent :- State of U.P. and Another Counsel for Petitioner :- Hemant Kumar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The petitioner moved recall application before the prescribed authority for recalling the order dated 23.09.1977 in ceiling case pending before the prescribed authority.
The only prayer made by learned counsel for the petitioner is that the proceedings may be decided within stipulated period of time.
Learned Standing Counsel contends that the restroration application has been made after dealy of 40 years.
In the wake of preceding discussions, no useful purpose will be served by keeping the petition pending. With the consent of parties the matter is being decided finally.
The matter is remitted to respondent No. 2/ Prescribed Authority (Ceiling/ Additional District Magistrate, Kushinagar).
A writ in the nature of mandamus is issued commanding the respondent No. 2/ Prescribed Authority (Ceiling/ Additional District Magistrate, Kushinagar) to execute the following directions:
(1) The respondent No. 2/ Prescribed Authority (Ceiling/ Additional District Magistrate, Kushinagar) shall decide the restoration application within a period of six months from the receipt of copy of this order downloaded from the official website of the High Court of Judicature at Allahabad. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(2) The respondent No. 2/ Prescribed Authority (Ceiling/ Additional District Magistrate, Kushinagar) shall give notice and reasonable opportunity of hearing to all necessary parties including fresh allottees.
(3) The respondent No. 2/ Prescribed Authority (Ceiling/ Additional District Magistrate, Kushinagar shall decide the issue of delay in filing the recall application before passing the final order.
The writ petition is disposed of.
Order Date :- 20.9.2021 Nadeem