Sakiya Begum And Another vs Addl. Commissioner (Judical) ...
2023 Latest Caselaw 23915 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:57706-DB
 
Court No. - 3
 

 
Case :- WRIT - C No. - 7454 of 2023
 

 
Petitioner :- Sakiya Begum And Another
 
Respondent :- Addl. Commissioner (Judical) Ayodhya And 12 Others
 
Counsel for Petitioner :- Kaushal Kumar
 
Counsel for Respondent :- C.S.C.,Mohan Singh
 

 
Hon'ble Vivek Chaudhary,J.

Hon'ble Manish Kumar,J.

1. Heard learned counsel for the parties.

2. Petitioner has approached this Court claiming that recall application was filed by Vazid Ali Khan in the matter which was already decided. Against the said application, he approached this Court on the ground that Vazid Ali Khan has no locus standi to file the said recall application by filing a writ petition no.19341 (M/S) of 2021. By judgment and order dated 03.09.2021, the said writ petition was disposed of with direction to the Sub-Divisional Magistrate concerned to decide the recall application on merits including on question of locus standi of private respondent nos.3 to 10.

3. Now, without looking into the locus standi, Sub-Divisional Magistrate has allowed the said recall application by order dated 30.08.2022. Against the said order, petitioner has filed a Revision No.159 of 2023 (Maksood Khan Vs. Mobin Khan and Others) which is pending before respondent no.1-Additional Commissioner (Judicial), Ayodhya Division, Ayodhya. Petitioner is apprehensive that the Commissioner may also decide the Revision without even considering his ground of locus standi of the private respondents in maintaining the recall application. It is sad to note that Sub-Divisional Magistrate has not cared to comply with the order of this Court while passing the order.

5. Respondent no.1-Additional Commissioner (Judicial), Ayodhya Division, Ayodhya is directed to consider and decide the Revision also taking into consideration the ground of locus standi raised by the petitioner.

6. With the aforesaid direction, petition is disposed of.

.

[Manish Kumar, J.] [Vivek Chaudhary, J.]

Order Date :- 29.8.2023

-Amit K-