Court No. - 2
Case :- WRIT - C No. - 16365 of 2021 Petitioner :- Sohan Singh And 5 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandra Bali Prasad,Sunil Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the petitioners, learned Standing Counsel appearing for State and Sri Sher Bahadur, Advocate, appearing for Gaon Sabha.
The grievance of the petitioner is that the third respondent, Sub-Divisional Magistrate, Tehsil Puwaya, District Shahjahanpur by an ex-parte order dated 06.02.2020 on an application moved by fourth respondent has directed that the name of the petitioner be expunged from the revenue record. It is urged that the recall application dated 10.02.2020 has been moved to recall the aforesaid order which is pending.
Learned counsel for the petitioner confines the writ petition to prayer-III which reads thus:
"Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents authorities to decide the application filed by the petitioners dated 10.02.2020 which is pending before the Tehsildar Tehsil Puwaya District Shahjahanpur (Annexure no. 12 to this writ petition) within stipulated time as fixed by this Hon'ble Court."
Learned Standing Counsel submits that third respondent would decide the recall application expeditiously.
In view thereof, with the consent of learned counsels for the parties, the petition is disposed of with the direction to third respondent to decide petitioner's recall application, pending before it, by a reasoned and speaking order, after the notice to Gaon Sabha and fifth respondent, expeditiously, preferably within a period of three months, from the date of production of a copy of this order, provided there is no other legal impediment.
Order Date :- 13.8.2021 P. Sri.