Reshma Devi and Another Vs Anil Kumar Bansal and Another

Court No. - 38

Case :- WRIT - C No. - 2815 of 2022

Petitioner :- Reshma Devi And Another Respondent :- Anil Kumar Bansal And Another Counsel for Petitioner :- Kashi Naresh Mishra

Hon'ble Saumitra Dayal Singh,J.

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Present writ petition has been filed against the order dated 17.12.2019 passed by Special Judge SC/ST Act, Aligarh, rejecting the recall application being R.M. No. 19/2013. The delay in filing the present writ petition has been claimed on account of circumstances arising from the spread of pandemic COVID-19. In that view, the latches are taken to have been explained.

On merits, it is seen, the impugned order dated 17.12.2019 does not refer to any fact or circumstance noted by the Tribunal as may justify the rejection of the recall application.

Accordingly, the order dated 17.12.2019 is set aside. Keeping in mind the nature of the proceedings and the fact that the surviving petitioners are ladies, the ex-parte order dated 24.9.2013 passed by Additional District Judge, Court no.13, Aligarh, in M.A.C.P. No. 740 of 2009 is also set aside. Matter is remitted to the Tribunal to hear and decide the proceedings on merits, as expeditiously as possible, subject to the petitioners continuing cooperation.

Order Date :- 4.7.2022 Prakhar

Digitally signed by PRAKHAR SRIVASTAVA Date: 2022.07.05 10:27:26 IST Reason: Location: High Court of Judicature at Allahabad

Reshma Devi and Another v. Anil Kumar Bansal and Another