Court No. - 59
Case :- WRIT - C No. - 5633 of 2019 Petitioner :- Sarita Devi Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Pramod Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioners and the learned standing counsel for the State-respondents.
This petition has been filed for a direction to respondent no.2 to decide Case No.469/1879 of 2010 (Sarita Devi v. Shailendra Ballabh Pandey), under Section 34/35 of U.P. Land Revenue Act. As per averments made in paragraph Nos. 5,6,8 and 9 of the writ petition, the petitioner had purchased certain land by a registered sale-deed and hereafter she moved a mutation application on 8.4.2010, which was allowed by the Tehsildar, Sadar, district Gorakhpur, by order dated 22.5.2010, but on 4.6.2010, the respondent no.3 filed a restoration application which was allowed exparte by order dated 8.11.2010. Thereafter, the petitioner had moved a recall application on 28.4.2011 for recall of the order dated 8.11.2010, which is said to be pending before the respondent no.2. In these circumstances, the present petition has been filed.
Considering the facts and circumstances of the case, no useful purpose will be served to keep this petition pending and call for a counter affidavit.
In view of the aforesaid, this petition is disposed of directing the respondent no.2 to decide the aforesaid recall application of the petitioner in accordance with law, expeditiously, preferably within six months from the date of presentation of a certified copy of this order and without granting any unnecessary adjournment to either of the parties, if the said application is still pending.
Order Date :- 22.2.2019 Ak/