Court No. - 6
Case :- WRIT - C No. - 24145 of 2018 Petitioner :- Smt. Savitri Sarkar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Chandra Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashok Kumar,J.
Heard Sri Ramesh Chandra Singh, learned counsel for the petitioners.
By the impugned order dated 24.02.2018, the Divisional Commissioner, Gorakhpur has directed the Additional District Magistrate (City), Gorakhpur to enquire into the matter and the Commissioner has fixed a particular date being 21.03.2018 by directing the respective parties i.e. the petitioners and the opposite parties to appear before the prescribed Authority/Additional District Magistrate (City), Gorakhpur.
In the impugned order the Divisional Commissioner, has specifically directed the District Magistrate, Gorakhpur/Maharajganj to enquire into the matter in detail and further after due enquiry, to submit their reports to the State.
Learned counsel for the petitioners has submitted that there is no power to review in the instant case and the authority has reviewed its order on 10.06.2013. This Court finds that this order cannot be challenged in the present proceedings and it was open to the petitioners to challenge the same at the appropriate stage and at the appropriate time, but now the assertion of the counsel for the petitioner, after a gap of more than five years, cannot be appreciated.
Prima facie this Court finds that the above directions issued by the Division Commissioner are fully justified and need no interference at this stage. However it is open to the petitioners to challenge the proceedings before the appropriate forum as and when the same are arises.
The petition is dismissed.
Order Date :- 30.7.2018 SK Srivastava