Smt. Malti Devi v. State of U.P. and 3 Others

Court No. - 52 Case :- WRIT - C No. - 28020 of 2023 Petitioner :- Smt. Malti Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suresh Singh Counsel for Respondent :- C.S.C. Hon'ble Saurabh Srivastava,J.

¶1Heard Sri Suresh Singh, learned counsel for petitioner and Sri Dhananjay Singh, learned Standing Counsel for the State-respondent nos.1 to 3.

¶2The present petition has been preferred for seeking quashing of the exparte order dated 19.10.2022 passed by respondent no.3 and further a direction in the nature of mandamus be issued in favour of respondent no.3 to decide the recall application dated

31.05.2023 preferred by the petitioner for recalling the order dated

19.10.2022.

¶3It is the apprehension of the petitioner that during pendency of recall application, the opposite party will interfere in peaceful possession of the petitioner and being the less resourced person, petitioner may be ousted from legal possession as she is holding today.

¶4On precise query as made before learned counsel for the petitioner that whether any application seeking interim relief has been preferred by petitioner before respondent no.3, on fair submission, learned counsel for petitioner submitted that no specific application has ever been preferred by the petitioner for seeking interim protection while filing the recall application, since the recall application has already preferred in the month of May, 2023 itself.

¶5For ventilating the grievances and apprehension of the petitioner, he is hereby directed to prefer an application for seeking interim protection whatsoever will be in the interest of justice for procurement of legitimate rights pertaining to him before respondent no.3 within a period of one month from today and the same shall be decided within a month thereafter by the same respondent.

¶6However, it is made clear that no coercive action shall be taken against the petitioner for a period of one month from today in pursuance of the order dated 19.10.2022 passed by respondent no.3.

¶7The present petition stands disposed of accordingly Order Date :- 16.10.2023 Vivek Kr. High Court of Judicature at Allahabad