Listing order in writ petition challenging non-service of notice and non-consideration of recall applications regarding mutation orders, directing parties to file counter affidavits.
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Court No. - 3
Case :- WRIT - C No. - 6454 of 2024
Petitioner :- Smt. Manorama Jaiswal And Another Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Civil Sectt. Lko. And Others Counsel for Petitioner :- Ashish Kumar Pandey,Ashish Verma Counsel for Respondent :- C.S.C.,Virendra Mishra
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioners, learned Standing Counsel, who appears on behalf of the State-respondents, Sri Virendra Mishra,learned counsel, who appears on behalf of the respondent nos. 3 & 4 and Sri Rakesh Chandra Tiwari,learned counsel, who appears on behalf of the respondent no. 5 i.e. the private respondent.
This writ petition has been filed with the following main prayers:-
"i. Issue a writ, order or direction in the nature of Mandamus commanding the opposite party no. 2 to 4 to consider and decide the applications dated 29.02.24, 07.03.2024 and 03.04.2024, moved for cancellation/recall of an ex-parte orders dated 22.04.2022 and 23.04.2022 passed by the opposite party no 3 and 4, contained as Annexure No. 2 to the writ petition.
ii. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to provide reasonable opportunity of hearing to all legal heirs of Late Narayan Prasad Jaiswal before disposal of application for mutation filed by the opposite party no. 5 before Nagar Palika Parishad, Sultanpur."
Learned counsel for the petitioners says that the order impugned in this writ petition, although mentions that the notice was served upon the petitioners, but, no such notice was ever served upon the petitioners. The petitioners have moved recall application for recall of the orders dated 2204-2022 and 23-04-2022, which have not been considered and are pending.
It has been submitted that the orders dated 22-042022 and 23-04-2022, state that the notices were issued by the respondent no. 3 for filing objections, but, it does not say that whether such
notices were issued on the application for condonation of delay or on the merit of the application. From the order impugned, it appears that the delay was condoned and the order was passed on merit on the same day.
Sri Virendra Mishra, learned counsel for the respondent nos. 3 & 4 shall produce record relating to the mutation application moved by the private-respondent for old House No. 41/AB, new No. 52 Shahganj, Sultanpur and House No. Old 390/A,B,C, new No. 531, MohallaShahganj,Sultanpur belonging to late Narayan Prasad Jaiswal, before this court on the next date of listing.
List this matter on 08-08-2024.
In the meantime, the respondent nos. 4 & 5 may file their Short Counter Affidavits.
Order Date :- 29.7.2024 AKS
Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
Manorama Jaiswal And Another
State Of U.P.
Sangeeta Chandra
Shree Prakash Singh
As recorded by the court registry
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