Court No. - 9
Case :- WRIT - B No. - 897 of 2021 Petitioner :- Tirath Kumar And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Aditya Swaroop Srivastava,Abhishek Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed challenging the orders dated 9.7.2019 and 31.5.2019 passed by the Consolidation Officer, Kasya, District-Kushinagar (wrongly shown as orders passed by the Settlement Officer of Consolidation, Kasya, District-Kushinagar).
It has been stated by the petitioner in paragraph No. 13 of the writ petition that a recall application dated 19.6.2019 has been filed by him for recall of the order dated 31.5.2019. The recall application has been annexed as Annexure No. 5 to the writ petition. It has been further stated in paragraph No. 13 of the writ petition that the recall application has been filed before the Settlement Officer of Consolidation, but the document annexed with the writ petition indicates that a recall application has been filed before the Consolidation Officer.
A recall application has to be filed before the authority, who had passed the order and, therefore, the recall application is maintainable before the Consolidation Officer, Kasya, District-Kushinagar.
It has been stated in the writ petition that the recall application is still pending.
The Consolidation Officer, Kasya, District-Kushinagar is directed to decide the aforesaid recall application within a period of three months from the date a copy of this order is produced before him, if still pending, and in case there is no legal impediment in deciding the recall application.
With the aforesaid direction, the writ petition is disposed of.
It is clarified that the Court has not expressed any opinion either regarding the maintainability of the recall application or the merits of the claim made by the petitioner.
Order Date :- 28.7.2021 Anurag/-