Maqsood Ali vs Addl. Officer, First, Ayodhya & ...
2021 Latest Caselaw 9664 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- MISC. BENCH No. - 16733 of 2021
 

 
Petitioner :- Maqsood Ali
 
Respondent :- Addl. Officer, First, Ayodhya & Others
 
Counsel for Petitioner :- M.A. Siddiqui
 
Counsel for Respondent :- C.S.C.,Mohan Singh
 

 
Hon'ble Ritu Raj Awasthi,J.

Hon'ble Dinesh Kumar Singh,J.

1. Notice on behalf of respondent no. 1 has been accepted by the office of learned Chief Standing Counsel, while on behalf of respondent no. 5, notice has been accepted by Mr. Mohan Singh, Advocate.

2. For the order proposed, issuance of notices to respondent nos. 2 to 4 is dispensed with.

3. This writ petition has been filed for the following reliefs:-

i. issue a writ, order or direction in the nature of mandamus, or any other suitable writ, order or direction, the opposite parties no. 2 to 4 are restrained from damaging and dismantling the Gumti and tin shed of the petitioner and crop of the petitioner sown and grown in plot no.2463 situate in village Faizabad Rural District Ayodhya during the pendency of application for setting aside the judgment and decree dated 16.11.2019, pending before the opposite party no. 1, and it is further prayed that the opposite party no. 1 may kindly be directed and commanded to decide the application for setting aside the judgment and decree dated 16.11.2019 expeditiously and till then the execution of the judgment dated 16.11.2019 be stayed.

ii. issue any other........... in favour of the petitioner; and

iii. allow this writ petition with cost.

4. Admittedly, a suit for partition filed under Section 116 of the U.P. Land Revenue Act, 2006 has been decided vide order dated 16.11.2019 passed in Computerized Case No.T2017042345012445 'Mohd. Rafiq Vs. Masoor Ali and others'.

5. Learned counsel for the petitioner submits that the petitioner has moved an application for recall, which is pending, as such, till disposal of the recall application, the order dated 16.11.2019 may not be given effect to.

6. We are of the considered view that in case such a recall application is pending against the judgment and order dated 16.11.2019, the same shall be considered and decided in accordance with law, giving opportunity of hearing to the parties concerned expeditiously.

7. With the aforesaid observation, the writ petition stands disposed of.

[D.K. Singh, J.] [R.R. Awasthi, J.]

Order Date :- 5.8.2021

MVS/-