Court No. - 29
Case :- WRIT - C No. - 33062 of 2021 Petitioner :- Shakuntala Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gopal Misra Counsel for Respondent :- C.S.C.,Vijay Kumar Dixit
Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J.
Sri Gopal Misra, learned counsel for the petitioner, Sri V.K. Dixit, learned counsel for respondent No.2 and learned Standing Counsel for respondents No. 1, 3 & 4.
The grievance of the petitioner is that his statutory appeal filed pursuant to directions of this Court in Writ Petition No. 35772 of 2019, was rejected by the District Magistrate, Bijnor, on the pretext that the appeal was preferred against the order dated 9.9.2019 but was stated to have been filed on 19.7.2019.
Learned counsel for the petitioner submits that the date of presentation of the appeal as 19.7.2019 was a typographical error and on appropriate application being moved before this Court, the said date was corrected to be read as 17.9.2019.
The petitioner has preferred a recall application seeking recall of the order passed by the District Magistrate, Bijnor, praying for decision on merits. The said application is stated to be pending before the District Magistrate, Bijnor and the District Magistrate, Bijnor, despite request made by the petitioner, is not passing any order thereon which could be on account of busy schedule of the District Magistrate, Bijnor.
The limited prayer of the petitioner is that the writ petition may be disposed of with direction to the District Magistrate, Bijnor, to pass appropriate orders on the recall application as well as the statutory appeal on merits.
Learned counsel for the respondent-State has no objection to the aforesaid proposition.
Without observing anything on the merits of the case, we dispose of this writ petition, expecting the District Magistrate, Bijnor to pass appropriate orders on the pending recall application as well as the pending appeal on merits within a period of three weeks from the date of receipt of certified copy of the order of this Court, in accordance with law.
Order Date :- 20.12.2021/Vandana