Court No. - 5
Case :- WRIT - C No. - 11432 of 2018 Petitioner :- Sukhdev Singh And Anr Respondent :- State Of U.P. And 6 Ors Counsel for Petitioner :- Mukesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Naqvi,J.
Heard Sri Mukesh Kumar, learned counsel for the petitioners and Sri Abhishek Shukla, the learned Standing Counsel.
It is submitted by learned counsel for the petitioners that in proceedings under Section 35 of U.P. Revenue Code, 2006 in Case No.T201701499041901 of 2017 (Smt. Krishna Devi vs. Balwant Singh), Village Nagla Wale, Tehsil Kishni, District Mainpuri he had filed an application for recall of the order dated 9.12.2017 which is pending since then and has not been disposed of till today, an appropriate direction be issued to respondent no.4 to decide the same within a stipulated period.
The learned Standing Counsel submits that no useful purpose would be served by keeping the petition pending, it be disposed of by giving appropriate direction to the authority concerned.
The writ petition is disposed of with the direction to respondent no.4/Tehsildar, Tehsil Kishni, District Mainpuri that pending recall application in respect of order dated 9.12.2017 in the above case shall be disposed of as expeditiously as possible preferably within 3 months from the date of production of certified copy of the order.
Learned counsel for the petitioners undertakes that they shall not seek any adjournment and so also is expected from the private opposite party(s) in the case, except for strong and compelling reasons, else would attract an exemplary cost of not less than Rs.250/- payable to the other side.
It is clarified that the proceedings as far as possible should not be repeatedly adjourned, merely on the ground that the Presiding Officer is busy in administrative work.
Service of certified copy of this order upon the respondent concerned shall constitute sufficient notice upon him to submit a compliance report.
The authority concerned shall submit Compliance report in Chambers on 8.8.2018 at 4:00 P.M.
Order Date :- 29.3.2018 RS