Court No. - 18
Case :- WRIT - C No. - 19902 of 2018 Petitioner :- Shambu Nath Jaiswal Respondent :- Sub Divisional Magistrate And 11 Others Counsel for Petitioner :- Sanjay Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Sanjay Kumar Mishra, learned counsel for the petitioner and Shri Anurag Srivastava, learned Standing Counsel for the State respondent no.1.
Notice need not be issued to the private respondent nos.2 to 6, in view of the order proposed to be passed.
The petitioner is before this Court with request to issue direction to the first respondent, Sub Divisional Magistrate, Tehsil Sadar, District Deoria to decide the recall application dated 11.11.2013 filed in Case No.350/150/91 of 2003 as well as the Case No.350/150/91 of 2003 filed under Order 9 Rule 13 of CPC in Case No.385 of 1987 under Section 229B of UP ZA & LR Act within stipulated time.
Learned counsel for the petitioner states that the proceeding under Section 229B of UP ZA & LR Act has been finalized against the petitioner ex-parte on 9.4.1987 and at no point of time, he had any knowledge regarding the ex-parte order. Initially, he had moved an application for impleadment and the same was also rejected. The recall application is pending since 11.11.2013.
On the basis of order sheet, which is appended as Annexure No.5 to the writ petition, this much is admitted situation that the aforesaid recall application is pending consideration and successive dates are being fixed. The request has been made for issuing direction to the first respondent to decide the recall application dated 11.11.2013 expeditiously.
Learned Standing Counsel fairly states that in case the aforesaid recall application is still pending and has not been disposed of, the same will be considered and decided expeditiously.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the first respondent to decide the aforesaid recall application after giving opportunity of hearing to the private respondent nos. 2 to 6, as expeditiously as possible and preferably within a period of four months from the date of production of a certified copy of this order before him, without granting unnecessary adjournments to either of the parties, except upon payment of cost.
Order Date :- 29.5.2018 RKP