RAM KRISHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Sri Pankaj Purohit, Advocate for the petitioner and Sri Rajesh Sharma, Brief Holder, appearing on behalf of the respondent/State.

(2.) By means of this petition the petitioner has sought a writ in the nature of certiorari for quashing the order dated 15-12-2008, passed by the District Judge Chamoli in Misc. Civil Case No. 47/2008, Ram Krishan Vs. State of Uttarakhand, whereby the application for recalling the order dated 18-12-1997, has been rejected.

(3.) By a perusal of impugned order dated 15-12-2008, it reveals that appeal No. 13 of 1997 was preferred by petitioner U/S 9 of U.P. Public Premises (Eviction of Unauthorized Occupants) Act, 1972 and Sri Gajpal Singh Rawat Advocate was his counsel in the appeal which was dismissed in absence of the counsel on 18.12.1997 by the learned District Judge. Thereafter the petitioner filed recall application which was numbered as Misc. Civil Case No. 47 of 2008. The learned District Judge vide impugned order dated 15.12.2008 rejected the recall application observing in his order that the applicant-petitioner is residing in the nearest Tehsil of the District and his village is not far from local area of the District and he is not interested to know the result of the appeal for last eleven years which clearly shows his unwillingness and carelessness.