Court No. - 9
Case :- WRIT - B No. - 424 of 2019 Petitioner :- Yaseen And 2 Others Respondent :- The Deputy Director Of Consolidation And 4 Others Counsel for Petitioner :- Bakhteyar Yusuf Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Heard counsel for the petitioners.
At the very out set learned counsel for the petitioners states that he is not pressing relief nos.1 and 2 prayed in the writ petition, he is only pressing relief no.3 which is quoted below:
"III. Issue, a writ, order or direction in the nature of mandamus commanding the respondent no.1 to decide the Restoration Application, which is pending for disposal in the Revision No.632 of 1998, in which the status-quo is granted till the final disposal of Restoration Application."
It is the case of the petitioners that a restoration application was filed for recall of the order dated 22.09.1998 on 19.05.2009 along with Section 5, application for condoning of delay. Before the delay could be condoned, the applications were dismissed for want of prosecution vide order dated 04.07.2013.
For recall of the order dated 04.07.2013 another time barred restoration application was filed on 18.05.2018.
However, the delay in filing this application is stated to have been condoned.
Under the circumstances, the writ petition is disposed of with a direction to the respondent no.1 to dispose of the restoration application dated 18.05.2018 on its merit after hearing the parties, in case the delay in filing the same has already been condoned, preferable within a period of two months from the date a certified copy this order is filed before him.
Subject to the above, the writ petition stands disposed of.
Order Date :- 26.2.2019 Jitendra