Court No. - 10
Case :- WRIT - C No. - 35870 of 2018 Petitioner :- Siya Ram Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Ajay Kumar, learned counsel for the petitioner and Shri Rajesh Srivastava, learned Standing Counsel for the State respondents.
The petitioner is before this Court assailing the impugned order dated 8.9.2015 passed by the Commissioner, Agra Division, Agra in Revision No.15 of 2013-14 under Section 219 of Land Revenue Act (Radhey Shyam son of Munshi Lal vs. Siya Ram son of Pohpy, Ashok Kumar son of Bhagwan Singh). The request has also been made for direction to the respondent authority not to interfere in his peaceful possession over the land in dispute.
Shri Rajesh Srivastava, learned Standing Counsel has raised objection regarding the delay and laches as at this stage after delay of more than three years the present writ petition is liable to be dismissed on the ground of delay.
The Court has proceeded to examine the record in question and peruse the report of the Stamp Reporter wherein it has been stated that the present writ petition has been filed after delay of two years and 321 days, as such this Court is not inclined to interfere with the impugned order.
Confronted with this situation, learned counsel for the petitioner states that the petitioner is not assailing the validity of the order impugned which was passed ex-parte and against the ex-parte order he has already filed the recall application. The request has been made for deciding the recall application within stipulated time.
In the facts and circumstances, 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 observation that in case any such recall application is pending consideration, the second respondent will consider and decide the same within reasonable time.
Order Date :- 29.10.2018 RKP