Smt. Mamta Devi and Another v. State of U.P. and 3 Others

Court No. - 47 Case :- WRIT - C No. - 38669 of 2023 Petitioner :- Smt. Mamta Devi And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brij Bhushan Pandey Counsel for Respondent :- C.S.C.,Bhupendra Kumar Tripathi Hon'ble Manish Kumar Nigam,J.

¶1Heard learned counsel for the parties and perused the record.

¶2The instant writ petition has been filed seeking following relief :- "i) issue a writ, order or direction in the nature of certiorari quashing the order dated 14.07.2023 by which the respondent no.2 has Ex-parte allowed the Recall Application Under Section - 209(h) of U.P. Revenue Code, 2006 filed by the Respondent No.4, against the order dated

03.07.2023 passed in Case No.02186 of 2020, Computerized Case No.T202014291102186 (Mamta and others vs. Ramesh), Under Section-34 of U.P. Revenue Code.

ii) issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in peaceful possession of the Petitioner over Gata No.3 area 0.006 Hect., situated at Mauja - Nasirabad, paragana - Jahurabad, Tehsil - Kasimabad, District - Ghazipur."

¶3Contention of learned counsel for the petitioners is that the order dated

14.7.2023 is an ex parte order on a recall application moved by respondent No.4. It has also been informed by learned counsel for the petitioner that petitioner has already filed his objections on 28.8.2023.

¶4No useful purpose would be served in keeping this petition pending.

¶5As both the parties appeared before the Court below, the recall application filed by respondent No.4 shall be heard and decided finally by the authorities concerned, in accordance with law, expeditiously, preferably within a period of four weeks from the date of production of a certified copy of this order after giving opportunity of hearing to the parties concerned and without granting unnecessary adjournments to either of the parties provided there is no other legal impediment. Order Date :- 8.11.2023 Rishabh [Manish Kumar Nigam, J.] High Court of Judicature at Allahabad