Court No. - 6 Case :- WRIT - C No. - 43217 of 2010 Petitioner :- Prabhawati Respondent :- State Of U.P. Thru' Its Secy. Min. Of Land & Revenue & Ors. Petitioner Counsel :- Ranjeet Asthana Respondent Counsel :- C.S.C. Hon'ble Ran Vijai Singh,J.
In substance petitioner appears to be aggrieved by non disposal of her
application dated 26.4.2010 with respect to the recall of the order dated
30.3.2010 passed by respondent no.2 in which petitioner was not a party.
It appears that the proceeding under Section 41 of U.P.Land Revenue Act was
initiated in which the impugned order dated 30.3.2010 was passed by Sub
Divisional Magistrate, Nichalaul,District Maharajganj.
Learned counsel for the petitioner contends that in the aforesaid proceeding,
although the petitioner was not a party but she is substantially affected by the
order passed by respondent no.2, therefore,she has filed an application for
recall of the order dated 30.3.2010 but no order has yet been passed. Hence
this writ petition.
I have heard learned counsel for the petitioner and have perused the record.
Considering the facts and circumstances of this case, it is provided that before
proceeding with any further pursuant to the order dated 30.3.2010 passed by
Sub Divisional Magistrate, Nichalaul, Maharajganj in case no. 17 of 1969, the
petitioner’s recall application dated 26.4.2010 be decided by respondent no.2
expeditiously preferably within a period of six month’s from the date of
receipt of the certified copy of the order of this Court after hearing all the
concerned.
Subject to the above observation, the writ petition is disposed of.
Order Date :- 27.7.2010
PKB