Allahabad High Court
Paras And 4 Others vs State Of U.P. And 5 Others on 23 June, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- WRIT - C No. - 10269 of 2020 Petitioner :- Paras And 4 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ravindra Nath Yadav,Abhishek Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J.
Heard Sri R.N. Yadav, learned counsel for the petitioners and Sri Devesh Vikram, learned Standing Counsel for the State respondents.
The petitioners are before this Court with request to issue direction to the third respondent, Sub Divisional Magistrate, Tehsil Sadar, District Gorakhpur not to dispossess them from the land in dispute in the garb of ex-parte final decree/order dated 13.7.2018 passed by the respondent no.3 under Section 176 of UP ZA & LR Act till disposal of recall application dated 18.8.2018 filed under Order IX Rule 13 read with Section 151 CPC.
Learned counsel for the petitioners states that the entire proceeding has been drawn ex-parte and at no point of time any opportunity was extended to the petitioners-defendants.
Sri Devesh Vikram, learned Standing Counsel has vehemently opposed the writ petition and submits that once the decree is there then the petitioners have got efficacious remedy to assail the validity of the decree either by preferring an appeal or file an appropriate application for recalling the decree.
Confronted with this situation, learned counsel for the petitioners states that the petitioners have already moved an application for recalling the ex-parte decree. Meanwhile, they have also prayed for direction not to interfere in their peaceful possession over the land in dispute.
At this stage the Court is not inclined to interfere in the matter. However, it is always open to the petitioners to press the application so pending before the respondent authorities.
In view of the above, on consent and without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of finally with a direction to the third respondent to decide the aforesaid application expeditiously after giving opportunity of hearing to all the stakeholders, as expeditiously as possible and preferably within a period of two months from the date of production of a copy of this order before him, without granting unnecessary adjournments to either of the parties, except upon payment of cost.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 23.6.2020 RKP