Court No. - 7
Case :- WRIT - C No. - 41940 of 2018 Petitioner :- Revati Raman Das Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sheo Shankar Tripathi,Adya Prasad Tewari Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the parties.
2. The grievance of the petitioner appears to be that though the proceedings initiated pursuant to the first notice dated 12.11.1974 that had lapsed on account of a second notice dated 24.04.1976 having been issued for the entire area for which the first notice had been issued and certain other areas which came to be included while issuing the second notice and though this fact was known to all concerned, an illegal order appears to have been passed in pursuance of the first notice dated 25.02.1989.
3. It has further been submitted that proceeding of the second notice is still pending before the Prescribed Authority. In such circumstances the petitioner claims to have filed an application to recall the order dated 25.02.1989, which application is stated to be pending since 28.01.2011.
4. While no order may be passed in the present writ petition as may affect the merits of the claim being made by either parties, insofar as it has been submitted that the order dated 25.02.1989 is a nullity in view of the proceedings having already lapsed prior to that date, the application for recall is claimed to have been filed, does require a decision.
5. Therefore without making any observation as to the merits of the maintainability of the recall application and leaving all course open to the concerned authority as may be permissible in law, the present writ petition is disposed of thus: in the case the petitioner files a certified copy of this order before the prescribed authority, he shall proceed to hear and decide that recall application filed on 28.01.2011, strictly in accordance with law after giving due opportunity of hearing to all affected parties. Such exercise may be completed as expeditiously as possible, preferably within a period of three months' from the date of production of certified copy of this order.
Order Date :- 18.12.2018/S.Chaurasia