Petitioner sought remedy regarding recorded tenure holder status. With party consent, court disposed writ via direction to Tehsildar to expedite a recall application without adjudicating merits.
Direction to respondent no.3 (Tehsildar) to decide the recall application expeditiously within four months.
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Court No. - 46
Case :- WRIT - C No. - 10606 of 2019
Petitioner :- Ram Subhagi Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Vinay Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
The petitioner claims that his name has been recorded as tenure holder in respect of Khata No.00470, situate in village Tiha Muhammadpur, Pargana Chillupur, Tehsil Gola, District Gorakhpur by order dated 21.09.2006.
It appears that the respondents no.4 to 7 have got their names recorded in respect of aforesaid Khata by order dated 28.05.2013. The petitioner has filed recall application in case no.1670 /2234 / 28.5.2013, Computer Case No.T201805310706224 (Abhishek & others Vs. Lalji & others) for recalling the order dated 28.05.2013.
Considering the facts and circumstances of the case and with the consent of the parties, without adverting into merits of the case, the writ petition is disposed off with the direction to the respondent no.3 i.e. Tehsildar, Tehsil Gola, District Gorakhpur to decide the recall application in case no.1670/2234/28.5.2013, Computerized Case No.T201805310706224 (Abhishek & others Vs. Lalji & others), expeditiously, preferably within a period of four months from the date of production of certified copy of this order.
Order Date :- 26.4.2019 S.Sharma
Ram Subhagi
State Of U P
Saral Srivastava
As recorded by the court registry
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