Smt. Muniya vs Additional Commissioner Meerut ...
2021 Latest Caselaw 8524 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 42
 

 
Case :- WRIT - C No. - 16435 of 2021
 

 
Petitioner :- Smt. Muniya
 
Respondent :- Additional Commissioner Meerut Division Meerut And Others
 
Counsel for Petitioner :- Rahul Kumar Tyagi
 

 
Hon'ble Vivek Kumar Birla,J.

Heard learned counsel for the petitioner and the learned Standing Counsel.

Present writ petition has been filed seeking quashing of the impugned judgment and order dated 16.3.2021 and 9.9.2020 passed by the Additional Commissioner (Administration), Court No. 3, district Meerut in Revision No. 00759 of 2020, Computerized Case No. C202011000000759, Smt. Muniya Vs. Waseem and others filed as Annexures 9 and 7 to the writ petition.

By the order dated 9.9.2020 the application filed by the petitioner under Section 5 alongwith recall application was allowed and the ex-parte order dated 30.8.2019 was recalled and the revision was restored to its original number and notices were issued.

By the impugned order dated 16.3.2021 the revision filed by the petitioner has been rejected and the order of the lower court dated 23.7.2013 whereby the matter was remanded back to the trial court was maintained and the matter was remanded back to the Court of Tehsildar for deciding afresh.

I have heard learned counsel for the petitioner at length.

I find that there had been a delay on the part of all the parties in approaching the Court for setting aside the order and every time the higher court was approached with a delay condonation application. Against the order dated 23.7.2013 even the petitioner has filed revision after a gap of about six years.

In such view of the matter, I am not inclined to exercise my powers under Article 226 of the Constitution of India specially in the remand matter whereby both the parties have opportunity of hearing. The Court where the matter has been remanded back shall decide the case on merits, preferably within a period of three months from the date of production of a self attested copy of this order provided the functioning of the authority concerned is not affected by the Covid - 19 Pandemic and the lawyers are not abstaining from work.

However, in the facts and circumstances of this case, it is provided that the status quo shall be maintained till the pendency of the proceedings before the trial court under the remand order.

It is made clear that this order of status quo and that no third party rights shall be created shall operate only till any final order is passed after remand of the case or for a period of three months, whichever is earlier.

With the aforesaid observations/directions, this writ petition is finally disposed of. No order as to costs.

Order Date :- 23.7.2021

p.s.